Amended in Assembly August 19, 2016

Amended in Assembly June 13, 2016

Amended in Assembly June 10, 2016

Amended in Assembly May 25, 2016

Senate BillNo. 831


Introduced by Committee on Budget and Fiscal Review

January 7, 2016


begin deleteAn act to amend Section 155 of the Code of Civil Procedure, and to amend Sections 11253.4, 11320.32, 11402, 11450.025, 11461.3, 11465, 12301.02, 15200, 16519.5, 17601.50, and 18910.1 of, to amend and repeal Sections 11322.63 and 11450.04 of, to amend, repeal, and add Sections 11320.15, 11322.64, 11323.25, and 11450 of, to add Sections 11253.45, 11322.83, 11461.4, 12201.06, 16501.9, and 18920 to, to add Article 6 (commencing with Section 16523) to Chapter 5 of Part 4 of Division 9 of, to add Chapter 17 (commencing with Section 18999) to Part 6 of Division 9 of, and to repeal Section 15200.15 of, the Welfare and Institutions Code, relating to public social services, and making an appropriation therefor, to take effect immediately, bill related to the budget. end deletebegin insertAn act to amend Section 51013.1 of, and to add Section 51015.6 to, the Government Code, to amend Section 44273 of the Health and Safety Code, to amend Section 1546.1 of the Penal Code, to amend Sections 3401 and 25751 of the Public Resources Code, and to amend Sections 388 and 399.20 of, to add Section 784.1 to, to add and repeal Section 388.2 of, and to repeal Section 2834 of, the Public Utilities Code, relating to energy, and making an appropriation therefor, to take effect immediately, bill related to the budget.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 831, as amended, Committee on Budget and Fiscal Review. begin deletePublic social services omnibus. end deletebegin insertPublic resources: energy.end insert

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(1) Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities. Existing law authorizes the PUC to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. Existing law authorizes certain public utilities, including gas corporations, to propose research and development programs and authorizes the PUC to allow inclusion of expenses for research and development in the public utility’s rates. Existing law requires the PUC to consider specified guidelines in evaluating the research, development, and demonstration programs proposed by gas corporations.

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The California Renewables Portfolio Standard Program requires the PUC to adopt policies and programs that promote the in-state production and distribution of biomethane. Existing law requires the PUC to adopt, by rule or order, standards for biomethane that specify the concentrations of constituents of concern that are reasonably necessary to protect public health and ensure pipeline integrity and safety, as specified, and requirements for monitoring, testing, reporting, and recordkeeping, as specified. Existing law requires a gas corporation to comply with those standards and requirements and requires that gas corporation tariffs condition access to common carrier pipelines on the applicable customer meeting those standards and requirements. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the PUC is a crime.

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This bill would request the California Council on Science and Technology to undertake and complete a study analyzing the regional and gas corporation specific issues relating to minimum heating value and maximum siloxane specifications adopted by the PUC for biomethane before it can be injected into common carrier gas pipelines. If the California Council on Science and Technology agrees to undertake and complete the study, the bill would require each gas corporation operating common carrier pipelines in California to proportionately contribute to the expenses to undertake the study with the cost recoverable in rates. The bill would authorize the PUC to modify certain available monetary incentives to allocate some of the incentive moneys to pay for the costs of the study so as to not further burden ratepayers with additional expense. If the California Council on Science and Technology agrees to undertake and complete the study, the bill would require the PUC, within 6 months of its completion, to reevaluate requirements and standards adopted for injection of biomethane into common carrier pipelines and, if appropriate, change those requirements and standards or adopt new requirements and standards, giving due deference to the conclusions and recommendations made in the study. Because certain provisions of the bill would be a part of the act and a violation of an order or decision of the PUC implementing its requirements would be a crime, this bill would impose a state-mandated local program by creating a new crime.

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Existing law requires the PUC to direct the electrical corporations to collectively procure at least 250 megawatts of cumulative rated generating capacity from developers of bioenergy projects that commence operation on or after June 1, 2013. Existing law requires the PUC, for each electrical corporation, to allocate shares of the 250 megawatts based on the ratio of each electrical corporation’s peak demand compared to the total statewide peak demand. Existing law requires the PUC to allocate those 250 megawatts to electrical corporations from specified categories of bioenergy project types, with specified portions of that 250 megawatts to be allocated from each category. Existing law requires the PUC to encourage gas and electrical corporations to develop and offer programs and services to facilitate development of in-state biogas for a broad range of purposes. Existing law authorizes the PUC, in consultation with specified state agencies, if it finds that the categorical allocations of those 250 megawatts are not appropriate, to reallocate those 250 megawatts among those categories.

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This bill would establish interconnection requirements for certain bioenergy projects from which generation capacity is to be procured pursuant to the above requirement. Because the above requirements would be codified in the act, this bill would impose a state-mandated local program by creating a new crime.

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The Green Tariff Shared Renewables Program requires a participating utility, defined as being an electrical corporation with 100,000 or more customers in California, to file with the PUC an application requesting approval of a tariff to implement a program enabling ratepayers to participate directly in offsite electrical generation facilities that use eligible renewable energy resources, consistent with certain legislative findings and statements of intent. Existing law requires the PUC, by July 1, 2014, to issue a decision concerning the participating utility’s application, determining whether to approve or disapprove the application, with or without modifications. Existing law requires the PUC, after notice and opportunity for public comment, to approve the application if the PUC determines that the proposed program is reasonable and consistent with the legislative findings and statements of intent and requires the PUC to require that a participating utility’s green tariff shared renewables program be administered in accordance with specified provisions. Existing law repeals the program on January 1, 2019.

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This bill would extend the operation of the program indefinitely. By extending the requirements of the Green Tariff Shared Renewables Program the bill would impose a state-mandated local program by extending the application of a crime.

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Decisions of the PUC adopted the California Solar Initiative administered by electrical corporations and subject to the PUC’s supervision. Existing law requires the PUC and the State Energy Resources Conservation and Development Commission (Energy Commission) to undertake certain steps in implementing the California Solar Initiative and requires the PUC to ensure that the total cost over the duration of the program does not exceed $3,550,800,000. Existing law specifies that the financial components of the California Solar Initiative include the New Solar Homes Partnership Program, which is administered by the Energy Commission. Existing law requires the program to be funded by charges in the amount of $400,000,000 collected from customers of the state’s 3 largest electrical corporations. If moneys from the Renewable Resource Trust Fund for the program are exhausted, existing law authorizes the PUC, upon notification by the Energy Commission, to require those electrical corporations to continue the administration of the program pursuant to the guidelines established by the Energy Commission for the program until the $400,000,000 monetary limit is reached. Existing law authorizes the PUC to determine whether a 3rd party, including the Energy Commission, should administer the electrical corporation’s continuation of the program. Existing law establishes the Renewable Resource Trust Fund as a fund that is continuously appropriated, with certain exceptions for administrative expenses, in the State Treasury.

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This bill would require, if the PUC orders a continuation of the New Solar Homes Partnership Program and determines that the Energy Commission should be the 3rd-party administrator for the program, that any funding made available for the program be deposited into the Emerging Renewable Resources Account of the Renewable Resource Trust Fund and used for the program.

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(2) The Public Utilities Act requires the PUC to submit various reports to the Legislature relative to the actions of the PUC.

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This bill would require the PUC to submit 2 reports to the relevant policy and fiscal committees of the Legislature by March 1, 2017. The first report would pertain to the PUC’s business process inventory efforts. The 2nd report would concern options to locate operations and staff outside of the PUC’s San Francisco headquarters and would explore options to allow the PUC to collaborate with other state entities and provide staff more opportunities for training, career development, and exchange placements with other state entities.

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Existing law, with exceptions, prohibits a government entity from compelling the production of or access to electronic communication information or electronic device information without a search warrant, wiretap order, order for electronic reader records, or subpoena.

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This bill would provide that the above provisions do not limit the authority of the PUC or the Energy Commission to obtain energy or water supply and consumption information pursuant to the powers granted to them under the Public Utilities Code or the Public Resources Code and other applicable state laws.

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(3) Existing law authorizes the Department of General Services or any other state or local agency intending to enter into an energy savings contract to establish a pool of qualified energy service companies, as specified. Existing law authorizes energy service contracts for individual projects undertaken by any state or local agency to be awarded through a competitive selection process to those companies identified in the pool.

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This bill would authorize the department or another state or local agency intending to enter into contracts for energy retrofit projects, as defined, to establish one of those pools. The bill would, until January 1, 2020, authorize the department and other state agencies to establish one or more pools of qualified energy service companies, as defined, that have provided the department or state agency with a specific enforceable commitment regarding the use of a skilled and trained workforce. The bill would authorize the department or state agency to select a qualified energy service company from that pool for a specific energy retrofit project on a rotational basis. The bill would require those qualified energy service companies working on a contract or project to submit a monthly report to the department or state agency, as appropriate, demonstrating their compliance with the commitment regarding the use of a skilled and trained workforce.

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Under existing law, a violation of the Public Utilities Act is a crime.

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Because the above provisions would be codified in the act, a violation of which would be a crime, this bill would impose a state-mandated local program.

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(4) The Elder California Pipeline Safety Act of 1981, among other things, by January 1, 2018, requires any new or replacement pipeline that is near environmentally or ecologically sensitive areas to use the best technology available to reduce the amount of oil released in a spill, as specified. Existing law requires operators of existing pipelines near these areas to submit plans by January 1, 2018, to retrofit those pipelines for these purposes using the best available technology by January 1, 2020. A violation of these provisions is a crime.

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This bill would define “oil” for these provisions of the act concerning pipeline safety, by reference to a specified federal regulation, to mean petroleum, petroleum products, anhydrous ammonia, and ethanol. By expanding the scope of a crime, the bill would impose a state-mandated local program.

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Under the Elder California Pipeline Safety Act of 1981, the State Fire Marshal administers provisions regulating the inspection of intrastate pipelines that transport hazardous liquids.

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This bill would require the State Fire Marshal, on or before January 31, 2017, and on or before January 31 annually thereafter until January 31, 2021, to submit a report to the Legislature containing specified information regarding the inspection of those pipelines, shutoff systems in those pipelines, and the status of 2 specified pipelines.

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(5) Existing law imposes, among other things, an annual charge upon each person operating or owning an interest in an oil or gas well, with respect to the production of the well, which charge is payable to the Treasurer for deposit into the Oil, Gas, and Geothermal Administrative Fund. Existing law requires that moneys from charges levied, assessed, and collected upon the properties of every person operating or owning an interest in the production of a well be used exclusively, upon appropriation, for the support and maintenance of the Department of Conservation, which is charged with the supervision of oil and gas operations, and for the support of the State Water Resources Control Board and the regional water quality control boards for their activities related to oil and gas operations that may affect water resources.

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This bill would additionally authorize the use of those moneys for the support of the State Air Resources Board and the Office of Environmental Health Hazard Assessment for their activities related to oil and gas operations that may affect air quality, public health, or public safety.

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(6) Existing law establishes the Alternative and Renewable Fuel and Vehicle Technology Program, administered by the Energy Commission, to provide to specified entities, upon appropriation by the Legislature, grants, loans, loan guarantees, revolving loans, or other appropriate measures for the development and deployment of innovative technologies that transform California’s fuel and vehicle types to help attain the state’s climate change goals. Existing law establishes the Alternative and Renewable Fuel and Vehicle Technology Fund, moneys in which are to be expended by the Energy Commission, upon appropriation, to implement the program. Existing law creates the Public Interest Research, Development, and Demonstration Fund in the State Treasury and required that specified moneys collected by the state’s 3 largest electrical corporations, until January 1, 2012, be paid into the Public Interest Research, Development, and Demonstration Fund. Existing law requires $10,000,000 to be transferred annually from the Public Interest Research, Development, and Demonstration Fund to the Alternative and Renewable Fuel and Vehicle Technology Fund.

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This bill would repeal the requirement that $10,000,000 be transferred annually from the Public Interest Research, Development, and Demonstration Fund to the Alternative and Renewable Fuel and Vehicle Technology Fund.

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(7) Existing law vests with the Energy Commission jurisdiction over specified matters related to energy. Existing law requires the Attorney General, upon the request of the Energy Commission, to petition a court of competent jurisdiction to enjoin violations of law that are within the subject matter of the Energy Commission. Existing law requires the Energy Commission to prescribe, by regulation, building design and construction standards, energy and water efficiency design standards for new residential and nonresidential buildings, and appliance efficiency standards. Existing law authorizes the Energy Commission to establish an administrative enforcement process to enforce the appliance efficiency standards. Existing law establishes the Appliance Efficiency Enforcement Subaccount in the Energy Resources Program Account for the deposition of the penalties collected. Existing law authorizes the moneys subaccount to be expended by the Energy Commission, upon appropriation by the Legislature, for the education of the public regarding appliance energy efficiency and for the enforcement of specified regulations.

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This bill would appropriate $275,000 from the Appliance Efficiency Enforcement Subaccount in the Energy Resources Programs Account to the Energy Commission to support the Title 20 Appliance Efficiency Standards Compliance Assistance and Enforcement Program.

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(8) The bill would incorporate additional changes to Section 399.20 of the Public Utilities Code, proposed by AB 1923, to be operative only if AB 1923 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.

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(9) The bill would incorporate additional changes to Section 1546.1 of the Penal Code, proposed by AB 1924, to be operative only if AB 1924 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.

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(10) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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(11) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

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(1) Existing federal law, the Immigration and Nationality Act, establishes a procedure for classification of certain aliens as special immigrants who have been declared dependent on a juvenile court and authorizes those aliens to apply for an adjustment of status to that of a lawful permanent resident within the United States. Under federal regulations, an alien is eligible for special immigrant juvenile status if, among other things, he or she is under 21 years of age. Existing state law provides that the juvenile, probate, and family divisions of the superior court have jurisdiction to make judicial determinations regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act.

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This bill would clarify that the court has jurisdiction to make the factual findings necessary to enable a child to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile. The bill would also provide that the factual findings may be made at any point in a proceeding, as specified, if certain requirements are met.

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(2) Existing law requires the court, upon request, to make the necessary findings regarding special immigrant juvenile status if there is evidence to support those findings, which may consist of, but is not limited to, a declaration by the child who is the subject of the petition. Existing law also authorizes the court to make additional findings that are supported by evidence if requested by a party.

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This bill would specify that the evidence to support those findings may consist solely of, but is not limited to, the above declaration. The bill would also authorize the court to make the additional findings only if requested by a party. The bill would provide that the asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile is not admissible in making findings and would prohibit the court from including or referencing the motivation of the child, as specified, in the court’s findings.

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(3) Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families using federal, state, and county funds. Existing law requires a recipient of CalWORKs to participate in welfare-to-work activities as a condition of eligibility. Under existing law, a recipient of CalWORKs aid is required to assign to the county any rights to child support for a family member for whom the recipient is receiving aid, as specified. Existing law also requires the first $50 of any amount of child support collected in a month to be paid to a recipient of CalWORKs aid.

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Existing law also establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Under existing law, a child who is placed in the home of a relative is eligible for AFDC-FC only if he or she is eligible for federal financial participation in the AFDC-FC payment.

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Existing law establishes the Approved Relative Caregiver Funding Option Program, in counties that choose to participate, for the purpose of making the amount paid to relative caregivers for the in-home care of children placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children who are eligible for AFDC-FC payments. Under existing law, a child who is eligible for the Approved Relative Caregiver Funding Option Program is not subject to the requirements of CalWORKs, except as specified.

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This bill would specify that the above-described CalWORKs requirements relating to the assignment of child support apply to assistance units participating in the Approved Relative Caregiver Funding Option Program. The bill would state that these provisions are intended to clarify existing law.

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(4) Existing law requires a county that has opted into the Approved Relative Caregiver Funding Option Program to pay an approved relative caregiver a per child per month rate that is equal to the basic rate paid to foster care providers and that is funded, in part, through the CalWORKs program.

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This bill, commencing January 1, 2017, would generally require a child who has been placed in the home of a relative who has been approved as a resource family to receive a grant that equals the resource family basic rate at the child’s assessed level of care, as specified. By requiring counties to increase grants to children who are placed in the home of a relative who has been approved as a resource family, this bill would impose a state-mandated local program.

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(5) Existing law requires that, in order to be eligible for AFDC-FC, a child be placed in one of several specified placements, including the approved home of a resource family, and provides that a child placed with a resource family is eligible for AFDC-FC payments.

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This bill, commencing January 1, 2017, would instead provide that a child placed in the approved home of a resource family is eligible for AFDC-FC if the caregiver is a nonrelative or the caregiver is a relative and the child or youth is otherwise eligible for federal financial participation in the AFDC-FC payment. The bill would also specify that a child placed with a resource family is eligible for the resource family basic rate.

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(6) Existing law authorizes the Director of Social Services to enter into an agreement with a tribe, consortium of tribes, or tribal organization, regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, under specified circumstances. Existing law requires these agreements to provide for the delegation to the tribe, consortium of tribes, or tribal organization, of the responsibility that would otherwise be the responsibility of the county for the provision of child welfare services or assistance payments under the AFDC-FC program, or both. Existing law requires the State Department of Social Services to annually allocate appropriated funds to each federally recognized American Indian tribe with reservation lands or rancherias in the state that administers a federal tribal Temporary Assistance for Needy Families (TANF) program.

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This bill would establish the Tribal Approved Relative Caregiver Funding Option Program and would require participating tribes that opt to participate in the program to pay an approved relative caregiver a per child per month rate, as specified, in return for the care and supervision of an AFDC-FC ineligible child placed with the approved relative caregiver if the participating tribe has notified the department of its decision to participate in the program, as specified, and certain requirements are met, including that the child resides in California. The bill would require the department, in consultation with the participating tribe, to determine the initial base caseload of the tribe and to determine the amount necessary to fund the base caseload.

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(7) Existing law requires, when a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, that the rate paid to the foster care provider on behalf of the parent include an additional amount, known as an infant supplement, for the care and supervision of the child. Existing law requires the State Department of Social Services to adopt a uniform rate for the infant supplement for each category of eligible licensed community care facility.

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This bill, commencing July 1, 2016, would require the infant supplement rate to be increased by $489 per month, if funding for this purpose is appropriated in the annual Budget Act.

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(8) Existing law requires the State Department of Social Services to administer a voluntary Temporary Assistance Program (TAP) to provide cash assistance and other benefits to specified current and future CalWORKs recipients who meet the exemption criteria for participation in welfare-to-work activities and are not single parents who have a child under one year of age. Existing law requires the TAP to commence no later than October 1, 2016.

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This bill would make that provision inoperative on June 30, 2016.

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(9) Existing law requires, for counties that implement a welfare-to-work plan that includes subsidized private sector or public sector employment activities, the State Department of Social Services to pay the county 50%, less $113, of the total wage costs of an employee for whom a wage subsidy is paid, subject to specified conditions.

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This bill would make that provision inoperative on July 1, 2016, and would repeal that provision on January 1, 2017. The bill would make related changes.

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(10) Existing law requires the department to develop an allocation methodology to distribute additional funding for expanded subsidized employment programs for CalWORKs recipients.

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This bill would require, on and after July 1, 2016, a county that accepts additional funding for expanded subsidized employment in accordance with that provision to continue to expend no less than the aggregate amount of specified funding received by the county that the county expended on subsidized employment in the 2012-13 fiscal year, except as specified.

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(11) Existing law requires a recipient of CalWORKs to participate for a specified number of hours each week in welfare-to-work activities as a condition of eligibility.

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The federal Workforce Innovation and Opportunity Act of 2014 provides for workforce investment activities, including activities in which states may participate. Existing federal law requires the local chief elected officials in a local workforce development area to form, pursuant to specified guidelines, a local workforce development board to, among other things, plan and oversee the workforce development system and lead efforts in the local area to develop and implement career pathways within the local area.

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This bill would deem a recipient who is making satisfactory progress in a career pathway program established in accordance with the federal Workforce Innovation and Opportunity Act to be in compliance with the hourly participation requirements of the CalWORKS program under specified conditions. By increasing the duties of counties administering the CalWORKs program, the bill would impose a state-mandated local program.

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(12) As part of the CalWORKs program, existing law provides that a homeless family that has used all available liquid resources in excess of $100 may be eligible for homeless assistance benefits to pay the costs of temporary shelter. The CalWORKs program also provides permanent housing assistance to pay rent or a security deposit, as specified, in order to secure housing for the family or prevent eviction.

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Under existing law, eligibility for temporary shelter assistance is limited to one period of up to 16 consecutive days of temporary assistance in a lifetime, and eligibility for permanent housing assistance is limited to one payment of assistance, subject to specified exceptions. Existing law provides that a family that includes a parent or nonparent caretaker relative living in the home who has previously received temporary or permanent homeless assistance at any time on behalf of an eligible child is not eligible for further homeless assistance.

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This bill, commencing January 1, 2017, would expand the provision of temporary shelter assistance and permanent housing assistance to be available every 12 months. The bill would make conforming changes regarding an applicant for homeless assistance benefits being informed of the availability of the benefits every 12 months. The bill would delete the above limitation on a family’s eligibility for homeless assistance. Because this bill would increase the administrative duties of counties, it would impose a state-mandated local program.

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(13) Existing law, referred to as the maximum family grant rule, prohibits the number of needy persons in the same family from being increased, for purposes of determining a family’s maximum aid payment, for any child born into a family that has received aid under the CalWORKs program continuously for the 10 months prior to the birth of the child, with specified exceptions.

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This bill would repeal the maximum family grant rule on January 1, 2017.

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(14) Existing law establishes maximum aid grant amounts to be provided to each family receiving aid under CalWORKs. Existing law increases the maximum aid payments by 5% commencing March 1, 2014, and by an additional 5% commencing April 1, 2015. Existing law specifies a process by which increases may be made to the maximum aid payments depending on projections of revenue and costs by the Department of Finance.

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This bill would, effective October 1, 2016, increase the maximum aid grant amounts by an additional 1.43%. The bill would also, effective January 1, 2017, require households eligible for CalWORKs aid to receive an increased aid payment consistent with the repeal of the maximum family grant rule and would require those costs to be paid from moneys deposited into the Child Poverty and Family Supplemental Support Subaccount. To the extent that this bill affects eligibility under the CalWORKs program, the bill would impose a state-mandated local program.

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(15) Existing law establishes the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Existing law provides, as part of the Coordinated Care Initiative, that IHSS is a Medi-Cal benefit available through managed care health plans in specified counties. Existing law provides for a 7% reduction in authorized hours of service to each IHSS recipient, as specified.

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Existing law, commencing July 1, 2016, until July 1, 2019, establishes a managed care organization provider tax, to be administered by the State Department of Health Care Services, as specified, subject to approval from the federal Centers for Medicare and Medicaid Services, as specified.

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This bill would suspend the 7% reduction in hours of service to each IHSS recipient until July 1, 2019, if the managed care organization provider tax remains operative. The bill would require the reduction to be reinstated by a specified date if the managed care organization provider tax ceases to be operative for any reason. By increasing the administrative duties of counties under the IHSS program, this bill would impose a state-mandated local program.

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(16) Existing law requires the State Department of Social Services to implement a single statewide Child Welfare Services Case Management System (CWS/CMS) to administer and evaluate the state’s child welfare services and foster care programs.

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This bill would require the State Department of Social Services and the Office of Systems Integration (OSI), in collaboration with the County Welfare Directors Association (CWDA), to seek resources to enable the necessary level of engagement by the counties in the Child Welfare Services-New System (CWS-NS), as specified. The bill would require the department and OSI to provide a voting seat on all governance bodies of the CWS-NS for a CWDA representative. The bill would also require the department and OSI to continue to provide monthly updates to the Legislature and to stakeholders, including CWDA, regarding efforts to develop and implement the CWS-NS. The bill would also require CWS/CMS operations and functionality to be maintained at a level at least commensurate with its December 2015 status, as specified. The bill would make related findings and declarations.

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(17) Existing law establishes a system of statewide child welfare services, administered by the State Department of Social Services and county child welfare agencies, with the intent that all children are entitled to be safe and free from abuse and neglect.

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This bill would establish the Bringing Families Home Program, and would, to the extent funds are appropriated in the annual Budget Act, require the State Department of Social Services to award program funds to counties for the purpose of providing housing-related supports to eligible families experiencing homelessness if specified criteria are met. The bill would require the department to award program funds to counties according to criteria developed by the department, in consultation with specified entities, subject to a requirement that a county that receives funds under the program provide matching funds for these purposes, as specified.

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(18) Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing law requires the State Department of Social Services to redetermine recipient eligibility and grant amounts under CalFresh on a semiannual basis, as specified. Existing law states the intent of the Legislature to assign certification periods for CalFresh households that are the maximum number of months allowed under federal law based on the household’s circumstances, subject to a specified exception.

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This bill would instead require the assignment of certification periods in the above-described manner, as specified, and would provide an additional exception, on a case-by-case basis only, for a household’s individual circumstances requiring a shorter certification period. Because this bill would increase the administrative duties of counties, it would impose a state-mandated local program.

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(19) Existing law, the State Department of Health Services Cooperative Agreement Act, provides for the establishment of cooperative agreements between the State Department of Public Health and other public and private entities for the purposes of, among other things, simplifying the administration of public health programs by the department. The act requires cooperative agreements to be subject to review and approval by the Department of General Services with certain exceptions.

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This bill would deem an agreement between the State Department of Social Services and a unit of local government, any other unit of state government, or a nonprofit organization that provides for a contract relating to outreach programs related to CalFresh and the Supplemental Nutrition Assistance Program: Nutrition Education and Obesity Prevention Grant Program to be a “cooperative agreement,” as defined. The bill would specify that these changes apply retroactively.

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(20) Existing federal law establishes various disability benefits programs, including the Supplemental Security Income (SSI) program, under which cash assistance is provided to qualified low-income aged, blind, and disabled persons, and the Social Security Disability Insurance (SSDI) program, under which benefits are provided to persons with disabilities who have paid social security taxes. Existing federal law also provides for disability compensation for veterans under specified circumstances.

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Existing state law provides for disability benefits programs, including the State Supplementary Program for the Aged, Blind, and Disabled (SSP), under which state funds are provided in supplementation of federal SSI benefits, and the Cash Assistance Program for Immigrants, which provides benefits to aged, blind, and disabled legal immigrants who meet specified criteria. Existing law also establishes various housing programs directed by the Department of Housing and Community Development, including special housing programs to provide housing assistance for persons with developmental and physical disabilities and persons with mental health disorders.

end delete
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This bill would establish the Housing and Disability Income Advocacy Program under the administration of the State Department of Social Services, subject to an appropriation of funds in the annual Budget Act. The program would provide state grant funds to participating counties for the provision of outreach, case management, and advocacy services to assist clients who are homeless or at risk of becoming homeless to obtain disability benefits. The bill would require participating counties to provide housing assistance to these clients during their application periods for disability benefits programs, as specified. The bill would also require participating counties to annually report to the department regarding their funding of advocacy and outreach programs and use of state funding provided under the program, as specified. The bill would require the department to periodically inform the Legislature of the implementation progress of the program, to make related data available on the department’s Internet Web site, and to report to the Legislature by October 1, 2018, regarding the implementation of the program, as specified.

end delete
begin delete

(21) Under existing law, benefit payments under SSP are calculated by establishing the maximum level of nonexempt income and federal SSI and state SSP benefits for each category of eligible recipient. The state SSP payment is the amount required, when added to the nonexempt income and SSI benefits available to the recipient, to provide the maximum benefit payment. Existing law prohibits, for each calendar year, commencing with the 2011 calendar year, any cost-of-living adjustment from being made to the maximum benefit payment unless otherwise specified by statute, except for the pass along of any cost-of-living increase in the federal SSI benefits. Existing law continuously appropriates funds for the implementation of SSP.

end delete
begin delete

This bill, commencing January 1, 2017, would increase the amount of aid paid under SSP that is in effect on December 31, 2016, less the federal benefit portion received, by 2.76%. The bill would instead provide that the continuous appropriation would not be made for purposes of implementing these provisions.

end delete
begin delete

(22) Existing law requires the State Department of Social Services and the State Department of Health Care Services to carry out specified duties relating the administration of foster care services.

end delete
begin delete

The bill would require the State Department of Social Services and the State Department of Health Care Services, during the 2017 and 2018 legislative budget hearings, to update the legislative budget committees on activities taken by the departments to implement specified reform measures relating to foster care. The bill would also require the State Department of Social Services to convene stakeholders, including county placing agencies, providers, foster youth, and legislative staff, commencing no later than July 1, 2016, to discuss the adequacy of the proposed foster care rates and rate structure and the extent to which the rates will achieve the desired outcomes for those reform measures, to report to legislative budget committees, and to provide updated project costs, as specified.

end delete
begin delete

(23) The bill would authorize the State Department of Social Services to adopt emergency regulations implementing specified provisions of the bill.

end delete
begin delete

(24) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end delete
begin delete

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

end delete
begin delete

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

end delete
begin delete

(25) Existing federal law provides for the allocation of federal funds through the federal TANF block grant program to eligible states. The state CalWORKs program is funded through a combination of federal funds received through the federal TANF block grant program and state and county funds. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.

end delete
begin delete

By expanding eligibility for, increasing assistance payments to recipients of, and adjusting funding formulas for counties providing benefits under, the CalWORKs program, and by providing funding for the Tribal Approved Relative Caregiver Funding Option Program, which is also funded by TANF, the bill would make an appropriation.

end delete
begin delete

(26) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

end delete

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P18   1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 51013.1 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

3

51013.1.  

(a) By January 1, 2018, any new or replacement
4pipeline near environmentally and ecologically sensitive areas in
5the coastal zone shall use best available technology, including, but
6not limited to, the installation of leak detection technology,
7automatic shutoff systems, or remote controlled sectionalized block
8valves, or any combination of these technologies, based on a risk
9analysis conducted by the operator, to reduce the amount of oil
10released in an oil spill to protect state waters and wildlife.

11(b) (1) By July 1, 2018, an operator of an existing pipeline near
12environmentally and ecologically sensitive areas in the coastal
13zone shall submit a plan to retrofit, by January 1, 2020, existing
14pipelines near environmentally and ecologically sensitive areas in
15the coastal zone with the best available technology, including, but
16not limited to, installation of leak detection technologies, automatic
17shutoff systems, or remote controlled sectionalized block valves,
18or any combination of these technologies, based on a risk analysis
19conducted by the operator to reduce the amount of oil released in
20an oil spill to protect state waters and wildlife.

21(2) An operator may request confidential treatment of
22information submitted in the plan required by paragraph (1) or
23contained in any documents associated with the risk analysis
24described in this section, including, but not limited to, information
25regarding the proposed location of automatic shutoff valves or
26remote controlled sectionalized block valves.

P19   1(c) The State Fire Marshal shall adopt regulations pursuant to
2this section by July 1, 2017. The regulations shall include, but not
3be limited to, all of the following:

4(1) A definition of automatic shutoff systems.

5(2) A process to assess the adequacy of the operator’s risk
6analysis.

7(3) A process by which an operator may request confidential
8treatment of information submitted in the plan required by
9paragraph (1) of subdivision (b) or contained in any documents
10associated with the risk analysis described in this section.

11(4) A determination of how near to an environmentally and
12ecologically sensitive area a pipeline must be to be subject to the
13requirements of this section based on the likelihood of the pipeline
14impacting those areas.

15(d) An operator of a pipeline near environmentally and
16 ecologically sensitive areas in the coastal zone shall notify the
17Office of the State Fire Marshal of any new construction or retrofit
18of pipeline in these waters.

19(e) For purposes of implementing this section, the State Fire
20Marshal shall consult with the Office of Spill Prevention and
21Response about the potential impacts to state water and wildlife.

22(f) For purposes of this section, “environmentally and
23ecologically sensitive areas” is the same term as described in
24subdivision (d) of Section 8574.7.

25(g) (1) For purposes of this section, “best available technology”
26means technology that provides the greatest degree of protection
27by limiting the quantity of release in the event of a spill, taking
28into consideration whether the processes are currently in use and
29could be purchased anywhere in the world.

30(2) The State Fire Marshal shall determine what is the best
31available technology and shall consider the effectiveness and
32engineering feasibility of the technology when making this
33determination.

begin insert

34
(h) For the purposes of this section, “oil” means hazardous
35liquid as defined in Section 195.2 of Title 49 of the Code of Federal
36Regulations.

end insert
37begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 51015.6 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
38read:end insert

begin insert
39

begin insert51015.6.end insert  

(a) On or before January 31, 2017, and on or before
40January 31 annually thereafter, the State Fire Marshal shall submit
P20   1a report to the Legislature containing information, including, but
2not limited to, all of the following:

3
(1) The number of annual inspections conducted pursuant to
4Section 51015.1.

5
(2) The status of the installation of automatic shutoff systems
6pursuant to Section 51013.1, including a summary of the types of
7shutoff systems installed, and the number of miles of pipeline
8covered by an automatic shutoff system.

9
(3) The status of Line 901 and Line 903 in the County of Santa
10Barbara.

11
(b) (1) A report required to be submitted pursuant to subdivision
12(a) shall be submitted in compliance with Section 9795.

13
(2) Pursuant to Section 10231.5, this section is inoperative on
14January 31, 2021.

end insert
15begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 44273 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
16amended to read:end insert

17

44273.  

(a) The Alternative and Renewable Fuel and Vehicle
18Technology Fund is hereby created in the State Treasury, to be
19administered by the commission. The moneys in the fund, upon
20appropriation by the Legislature, shall be expended by the
21commission to implement the Alternative and Renewable Fuel and
22Vehicle Technology Program in accordance with this chapter.

begin delete end deletebegin delete

23(b) Notwithstanding any other provision of law, the sum of ten
24million dollars ($10,000,000) shall be transferred annually from
25the Public Interest Research, Development, and Demonstration
26Fund created by Section 384 of the Public Utilities Code to the
27Alternative and Renewable Fuel and Vehicle Technology Fund.
28Prior to the award of any funds from this source, the commission
29shall make a determination that the proposed project will provide
30benefits to electric or natural gas ratepayers based upon the
31commission’s adopted criteria.

end delete
begin delete end deletebegin delete

32(c)

end delete

33begin insert(b)end insert Beginning with the integrated energy policy report adopted
34in 2011, and in the subsequent reports adopted thereafter, pursuant
35to Section 25302 of the Public Resources Code, the commission
36shall include an evaluation of research, development, and
37deployment efforts funded by this chapter. The evaluation shall
38include all of the following:

39(1) A list of projects funded by the Alternative and Renewable
40Fuel and Vehicle Technology Fund.

P21   1(2) The expected benefits of the projects in terms of air quality,
2petroleum use reduction, greenhouse gas emissions reduction,
3technology advancement, benefit-cost assessment, and progress
4towards achieving these benefits.

5(3) The overall contribution of the funded projects toward
6promoting a transition to a diverse portfolio of clean, alternative
7transportation fuels and reduced petroleum dependency in
8California.

9(4) Key obstacles and challenges to meeting these goals
10identified through funded projects.

11(5) Recommendations for future actions.

12begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 1546.1 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

13

1546.1.  

(a) Except as provided in this section, a government
14entity shall not do any of the following:

15(1) Compel the production of or access to electronic
16communication information from a service provider.

17(2) Compel the production of or access to electronic device
18information from any person or entity other than the authorized
19possessor of the device.

20(3) Access electronic device information by means of physical
21interaction or electronic communication with the electronic device.
22This section does not prohibit the intended recipient of an electronic
23communication from voluntarily disclosing electronic
24communication information concerning that communication to a
25government entity.

26(b) A government entity may compel the production of or access
27to electronic communication information from a service provider,
28or compel the production of or access to electronic device
29information from any person or entity other than the authorized
30possessor of the device only under the following circumstances:

31(1) Pursuant to a warrant issued pursuant to Chapter 3
32(commencing with Section 1523) and subject to subdivision (d).

33(2) Pursuant to a wiretap order issued pursuant to Chapter 1.4
34(commencing with Section 629.50) of Title 15 of Part 1.

35(3) Pursuant to an order for electronic reader records issued
36pursuant to Section 1798.90 of the Civil Code.

37(4) Pursuant to a subpoena issued pursuant to existing state law,
38provided that the information is not sought for the purpose of
39investigating or prosecuting a criminal offense, and compelling
40the production of or access to the information via the subpoena is
P22   1not otherwise prohibited by state or federal law. Nothing in this
2paragraph shall be construed to expand any authority under state
3law to compel the production of or access to electronic information.

4(c) A government entity may access electronic device
5information by means of physical interaction or electronic
6communication with the device only as follows:

7(1) Pursuant to a warrant issued pursuant to Chapter 3
8(commencing with Section 1523) and subject to subdivision (d).

9(2) Pursuant to a wiretap order issued pursuant to Chapter 1.4
10(commencing with Section 629.50) of Title 15 of Part 1.

11(3) With the specific consent of the authorized possessor of the
12device.

13(4) With the specific consent of the owner of the device, only
14when the device has been reported as lost or stolen.

15(5) If the government entity, in good faith, believes that an
16emergency involving danger of death or serious physical injury to
17any person requires access to the electronic device information.

18(6) If the government entity, in good faith, believes the device
19to be lost, stolen, or abandoned, provided that the entity shall only
20access electronic device information in order to attempt to identify,
21verify, or contact the owner or authorized possessor of the device.

22(7) Except where prohibited by state or federal law, if the device
23is seized from an inmate’s possession or found in an area of a
24correctional facility under the jurisdiction of the Department of
25Corrections and Rehabilitation where inmates have access and the
26device is not in the possession of an individual and the device is
27not known or believed to be the possession of an authorized visitor.
28Nothing in this paragraph shall be construed to supersede or
29override Section 4576.

30(d) Any warrant for electronic information shall comply with
31the following:

32(1) The warrant shall describe with particularity the information
33to be seized by specifying the time periods covered and, as
34appropriate and reasonable, the target individuals or accounts, the
35applications or services covered, and the types of information
36sought.

37(2) The warrant shall require that any information obtained
38through the execution of the warrant that is unrelated to the
39objective of the warrant shall be sealed and not subject to further
40review, use, or disclosure without a court order. A court shall issue
P23   1such an order upon a finding that there is probable cause to believe
2that the information is relevant to an active investigation, or review,
3use, or disclosure is required by state or federal law.

4(3) The warrant shall comply with all other provisions of
5California and federal law, including any provisions prohibiting,
6limiting, or imposing additional requirements on the use of search
7warrants. If directed to a service provider, the warrant shall be
8accompanied by an order requiring the service provider to verify
9the authenticity of electronic information that it produces by
10providing an affidavit that complies with the requirements set forth
11in Section 1561 of the Evidence Code. Admission of that
12information into evidence shall be subject to Section 1562 of the
13Evidence Code.

14(e) When issuing any warrant or order for electronic information,
15or upon the petition from the target or recipient of the warrant or
16order, a court may, at its discretion, do any or all of the following:

17(1) Appoint a special master, as described in subdivision (d) of
18Section 1524, charged with ensuring that only information
19necessary to achieve the objective of the warrant or order is
20produced or accessed.

21(2) Require that any information obtained through the execution
22of the warrant or order that is unrelated to the objective of the
23warrant be destroyed as soon as feasible after the termination of
24the current investigation and any related investigations or
25proceedings.

26(f) A service provider may voluntarily disclose electronic
27communication information or subscriber information when that
28disclosure is not otherwise prohibited by state or federal law.

29(g) If a government entity receives electronic communication
30information voluntarily provided pursuant to subdivision (f), it
31shall destroy that information within 90 days unless one or more
32of the following circumstances apply:

33(1) The entity has or obtains the specific consent of the sender
34or recipient of the electronic communications about which
35information was disclosed.

36(2) The entity obtains a court order authorizing the retention of
37the information. A court shall issue a retention order upon a finding
38that the conditions justifying the initial voluntary disclosure persist,
39in which case the court shall authorize the retention of the
40information only for so long as those conditions persist, or there
P24   1is probable cause to believe that the information constitutes
2evidence that a crime has been committed.

3(3) The entity reasonably believes that the information relates
4to child pornography and the information is retained as part of a
5multiagency database used in the investigation of child
6pornography and related crimes.

7(h) If a government entity obtains electronic information
8pursuant to an emergency involving danger of death or serious
9physical injury to a person, that requires access to the electronic
10information without delay, the entity shall, within three days after
11obtaining the electronic information, file with the appropriate court
12an application for a warrant or order authorizing obtaining the
13electronic information or a motion seeking approval of the
14emergency disclosures that shall set forth the facts giving rise to
15the emergency, and if applicable, a request supported by a sworn
16affidavit for an order delaying notification under paragraph (1) of
17subdivision (b) of Section 1546.2. The court shall promptly rule
18on the application or motion and shall order the immediate
19destruction of all information obtained, and immediate notification
20pursuant to subdivision (a) of Section 1546.2 if such notice has
21not already been given, upon a finding that the facts did not give
22rise to an emergency or upon rejecting the warrant or order
23application on any other ground.

24(i) This section does not limit the authority of a government
25entity to use an administrative, grand jury, trial, or civil discovery
26subpoena to do any of the following:

27(1) Require an originator, addressee, or intended recipient of
28an electronic communication to disclose any electronic
29communication information associated with that communication.

30(2) Require an entity that provides electronic communications
31services to its officers, directors, employees, or agents for the
32purpose of carrying out their duties, to disclose electronic
33communication information associated with an electronic
34communication to or from an officer, director, employee, or agent
35of the entity.

36(3) Require a service provider to provide subscriber information.

begin insert

37
(j) This section does not limit the authority of the Public Utilities
38Commission or the State Energy Resources Conservation and
39Development Commission to obtain energy or water supply and
40consumption information pursuant to the powers granted to them
P25   1 under the Public Utilities Code or the Public Resources Code and
2other applicable state laws.

end insert
3begin insert

begin insertSEC. 4.5.end insert  

end insert

begin insertSection 1546.1 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
4read:end insert

5

1546.1.  

(a) Except as provided in this section, a government
6entity shall not do any of the following:

7(1) Compel the production of or access to electronic
8communication information from a service provider.

9(2) Compel the production of or access to electronic device
10information from any person or entity other than the authorized
11possessor of the device.

12(3) Access electronic device information by means of physical
13interaction or electronic communication with the electronic device.
14This section does not prohibit the intended recipient of an electronic
15communication from voluntarily disclosing electronic
16communication information concerning that communication to a
17government entity.

18(b) A government entity may compel the production of or access
19to electronic communication information from a service provider,
20or compel the production of or access to electronic device
21information from any person or entity other than the authorized
22possessor of the device only under the following circumstances:

23(1) Pursuant to a warrant issued pursuant to Chapter 3
24(commencing with Section 1523) and subject to subdivision (d).

25(2) Pursuant to a wiretap order issued pursuant to Chapter 1.4
26(commencing with Section 629.50) of Title 15 of Part 1.

27(3) Pursuant to an order for electronic reader records issued
28pursuant to Section 1798.90 of the Civil Code.

29(4) Pursuant to a subpoena issued pursuant to existing state law,
30provided that the information is not sought for the purpose of
31investigating or prosecuting a criminal offense, and compelling
32the production of or access to the information via the subpoena is
33not otherwise prohibited by state or federal law. Nothing in this
34paragraph shall be construed to expand any authority under state
35law to compel the production of or access to electronic information.

begin insert

36
(5) Pursuant to an order for a pen register or trap and trace
37device, or both, issued pursuant to Chapter 1.5 (commencing with
38Section 630) of Title 15 of Part 1.

end insert

P26   1(c) A government entity may access electronic device
2information by means of physical interaction or electronic
3communication with the device only as follows:

4(1) Pursuant to a warrant issued pursuant to Chapter 3
5(commencing with Section 1523) and subject to subdivision (d).

6(2) Pursuant to a wiretap order issued pursuant to Chapter 1.4
7(commencing with Section 629.50) of Title 15 of Part 1.

8(3) With the specific consent of the authorized possessor of the
9device.

10(4) With the specific consent of the owner of the device, only
11when the device has been reported as lost or stolen.

12(5) If the government entity, in good faith, believes that an
13emergency involving danger of death or serious physical injury to
14any person requires access to the electronic device information.

15(6) If the government entity, in good faith, believes the device
16to be lost, stolen, or abandoned, provided that the entity shall only
17access electronic device information in order to attempt to identify,
18verify, or contact the owner or authorized possessor of the device.

19(7) Except where prohibited by state or federal law, if the device
20is seized from an inmate’s possession or found in an area of a
21correctional facility under the jurisdiction of the Department of
22Corrections and Rehabilitation where inmates have access and the
23device is not in the possession of an individual and the device is
24not known or believed to be the possession of an authorized visitor.
25Nothing in this paragraph shall be construed to supersede or
26override Section 4576.

begin insert

27
(8) Pursuant to an order for a pen register or trap and trace
28device, or both, issued pursuant to Chapter 1.5 (commencing with
29Section 630) of Title 15 of Part 1.

end insert

30(d) Any warrant for electronic information shall comply with
31the following:

32(1) The warrant shall describe with particularity the information
33to be seized by specifying the time periods covered and, as
34appropriate and reasonable, the target individuals or accounts, the
35applications or services covered, and the types of information
36sought.

37(2) The warrant shall require that any information obtained
38through the execution of the warrant that is unrelated to the
39objective of the warrant shall be sealed and not subject to further
40review, use, or disclosure without a court order. A court shall issue
P27   1such an order upon a finding that there is probable cause to believe
2that the information is relevant to an active investigation, or review,
3use, or disclosure is required by state or federal law.

4(3) The warrant shall comply with all other provisions of
5California and federal law, including any provisions prohibiting,
6limiting, or imposing additional requirements on the use of search
7warrants. If directed to a service provider, the warrant shall be
8accompanied by an order requiring the service provider to verify
9the authenticity of electronic information that it produces by
10providing an affidavit that complies with the requirements set forth
11in Section 1561 of the Evidence Code. Admission of that
12information into evidence shall be subject to Section 1562 of the
13Evidence Code.

14(e) When issuing any warrant or order for electronic information,
15or upon the petition from the target or recipient of the warrant or
16order, a court may, at its discretion, do any or all of the following:

17(1) Appoint a special master, as described in subdivision (d) of
18Section 1524, charged with ensuring that only information
19necessary to achieve the objective of the warrant or order is
20produced or accessed.

21(2) Require that any information obtained through the execution
22of the warrant or order that is unrelated to the objective of the
23warrant be destroyed as soon as feasible after the termination of
24the current investigation and any related investigations or
25proceedings.

26(f) A service provider may voluntarily disclose electronic
27communication information or subscriber information when that
28disclosure is not otherwise prohibited by state or federal law.

29(g) If a government entity receives electronic communication
30information voluntarily provided pursuant to subdivision (f), it
31shall destroy that information within 90 days unless one or more
32of the following circumstances apply:

33(1) The entity has or obtains the specific consent of the sender
34or recipient of the electronic communications about which
35information was disclosed.

36(2) The entity obtains a court order authorizing the retention of
37the information. A court shall issue a retention order upon a finding
38that the conditions justifying the initial voluntary disclosure persist,
39in which case the court shall authorize the retention of the
40information only for so long as those conditions persist, or there
P28   1is probable cause to believe that the information constitutes
2evidence that a crime has been committed.

3(3) The entity reasonably believes that the information relates
4to child pornography and the information is retained as part of a
5multiagency database used in the investigation of child
6pornography and related crimes.

7(h) If a government entity obtains electronic information
8pursuant to an emergency involving danger of death or serious
9physical injury to a person, that requires access to the electronic
10information without delay, the entity shall, within three days after
11obtaining the electronic information, file with the appropriate court
12an application for a warrant or order authorizing obtaining the
13electronic information or a motion seeking approval of the
14emergency disclosures that shall set forth the facts giving rise to
15the emergency, and if applicable, a request supported by a sworn
16affidavit for an order delaying notification under paragraph (1) of
17subdivision (b) of Section 1546.2. The court shall promptly rule
18on the application or motion and shall order the immediate
19destruction of all information obtained, and immediate notification
20pursuant to subdivision (a) of Section 1546.2 if such notice has
21not already been given, upon a finding that the facts did not give
22rise to an emergency or upon rejecting the warrant or order
23application on any other ground.

24(i) This section does not limit the authority of a government
25entity to use an administrative, grand jury, trial, or civil discovery
26subpoena to do any of the following:

27(1) Require an originator, addressee, or intended recipient of
28an electronic communication to disclose any electronic
29communication information associated with that communication.

30(2) Require an entity that provides electronic communications
31services to its officers, directors, employees, or agents for the
32purpose of carrying out their duties, to disclose electronic
33communication information associated with an electronic
34communication to or from an officer, director, employee, or agent
35of the entity.

36(3) Require a service provider to provide subscriber information.

begin insert

37
(j) This section does not limit the authority of the Public Utilities
38Commission or the State Energy Resources Conservation and
39Development Commission to obtain energy or water supply and
40consumption information pursuant to the powers granted to them
P29   1under the Public Utilities Code or the Public Resources Code and
2other applicable state laws.

end insert
3begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 3401 of the end insertbegin insertPublic Resources Codeend insertbegin insert is amended
4to read:end insert

5

3401.  

(a) The proceeds of charges levied, assessed, and
6collected pursuant to this article upon the properties of every person
7operating or owning an interest in the production of a well shall
8be used exclusively for the support and maintenance of the
9department charged with the supervision of oil and gasbegin delete operations
10andend delete
begin insert operations,end insert for the State Water Resources Control Board and
11the regional water quality control boards for their activities related
12to oil and gas operations that may affect waterbegin delete resources.end deletebegin insert resources,
13and for the support of the State Air Resources Board and the Office
14of Environmental Health Hazard Assessment for their activities
15related to oil and gas operations that may affect air quality, public
16health, or public safety.end insert

17(b) Notwithstanding subdivision (a), the proceeds of charges
18levied, assessed, and collected pursuant to this article upon the
19properties of every person operating or owning an interest in the
20production of a well undergoing a well stimulation treatment, may
21be used by public entities, subject to appropriation by the
22Legislature, for all costs associated with both of the following:

23(1) Well stimulation treatments, including rulemaking and
24scientific studies required to evaluate the treatment, inspections,
25any air and water quality sampling, monitoring, and testing
26performed by public entities.

27(2) The costs of the State Water Resources Control Board and
28the regional water quality control boards in carrying out their
29responsibilities pursuant to Section 3160 and Section 10783 of the
30Water Code.

31begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 25751 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
32amended to read:end insert

33

25751.  

(a) The Renewable Resource Trust Fund is hereby
34created in the State Treasury.

35(b) The Emerging Renewable Resources Account is hereby
36established within the Renewable Resources Trust Fund.
37Notwithstanding Section 13340 of the Government Code, the
38moneys in the account are hereby continuously appropriated to
39the commission without regard to fiscal years for the following
40purposes:

P30   1(1) To close out the award of incentives for emerging
2technologies in accordance with former Section 25744, as this law
3existed prior to the enactment of the Budget Act of 2012, for which
4applications had been approved before the enactment of the Budget
5Act of 2012.

6(2) To close out consumer education activities in accordance
7with former Section 25746, as this law existed prior to the
8enactment of the Budget Act of 2012.

9(3) To provide funding for the New Solar Homes Partnership
10pursuant to paragraph (3) of subdivision (e) of Section 2851 of the
11Public Utilities Code.

12(c) The Controller shall provide to the commission funds
13pursuant to the continuous appropriation in, and for purposes
14specified in, subdivision (b).

15(d) The Controller shall provide to the commission moneys
16from the fund sufficient to satisfy all contract and grant awards
17that were made by the commission pursuant to former Sections
1825744 and 25746, and Chapter 8.8 (commencing with Section
1925780), as these laws existed prior to the enactment of the Budget
20 Act of 2012.

begin insert

21
(e) If the Public Utilities Commission determines that the
22commission should be the third-party administrator for the New
23Solar Homes Partnership Program pursuant to subparagraph (A)
24of paragraph (3) of subdivision (e) of Section 2851 of the Public
25Utilities Code, any moneys made available to fund the New Solar
26Homes Partnership Program shall be deposited into the Emerging
27Renewable Resources Account of the Renewable Resource Trust
28Fund and used for this purpose.

end insert
29begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 388 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
30to read:end insert

31

388.  

(a) Notwithstanding any otherbegin delete provision of law, anyend deletebegin insert law,
32aend insert
state agency may enter into an energy savings contract with a
33qualified energy service company for the purchase or exchange of
34thermal or electrical energy or water, or to acquire energy
35efficiencybegin delete and/orend deletebegin insert orend insert water conservation services,begin insert or both energy
36efficiency and water conservation services,end insert
for a term not exceeding
3735 years, atbegin delete thoseend delete rates and uponbegin delete thoseend delete termsbegin delete that areend delete approved by
38the agency.

39(b) The Department of General Services or any other state or
40local agency intending to enter into an energy savings contractbegin insert or
P31   1a contract for an energy retrofit projectend insert
may establish a pool of
2qualified energy service companies based on qualifications,
3experience,begin delete pricingend deletebegin insert pricing,end insert or other pertinent factors. Energy
4service contracts for individual projects undertaken by any state
5or local agency may be awarded through a competitive selection
6process to individuals or firms identified inbegin delete such aend deletebegin insert theend insert pool. The
7pool of qualified energy service companies and contractors shall
8be reestablished at least every two years or shall expire.

9(c) For purposes of this section, the following definitions apply:

begin insert

10
(1) (A) “Energy retrofit project” means a project for which the
11state or local agency works with a qualified energy service
12company to identify, develop, design, and implement energy
13conservation measures in existing facilities to reduce energy or
14water use or make more efficient use of energy or water.

end insert
begin insert

15
(B) “Energy retrofit project” does not include the erection or
16installation of a power generation system, a power purchase
17agreement, or a project utilizing a site license or lease agreement.

end insert
begin delete

18(1)

end delete

19begin insert(2)end insert “Energy savings” means a measured and verified reduction
20in fuel,begin delete energyend deletebegin insert energy,end insert or water consumption when compared to
21an established baseline of consumption.

begin delete

22(2)

end delete

23begin insert(3)end insert “Qualified energy service company” means a company with
24a demonstrated ability to provide or arrange for building or facility
25 energy auditors, selection and design of appropriate energy savings
26measures, project financing, implementation of these measures,
27and maintenance and ongoing measurement of these measures as
28to ensure and verify energy savings.

29begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 388.2 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert, to
30read:end insert

begin insert
31

begin insert388.2.end insert  

(a) For purposes of this section, the following
32definitions apply:

33
(1) “Apprenticeable occupation” means an occupation for
34which the chief has approved an apprenticeship program pursuant
35to Section 3075 of the Labor Code before January 1, 2014.

36
(2) “Chief” means the Chief of the Division of Apprenticeship
37Standards of the Department of Industrial Relations.

38
(3) “Department” means the Department of General Services.

39
(4) (A) “Energy retrofit project” means a project for which the
40state works with a qualified energy service company to identify,
P32   1develop, design, and implement energy conservation measures in
2existing facilities to reduce energy or water use or make more
3efficient use of energy or water.

4
(B) “Energy retrofit project” does not include the erection or
5installation of a power generation system, a power purchase
6agreement, or a project utilizing a site license or lease agreement.

7
(5) “Energy savings” means a measured and verified reduction
8in fuel, energy, or water consumption when compared to an
9established baseline of consumption.

10
(6) “Enforceable commitment” means an enforceable agreement
11with the department or state agency that the entity and its
12subcontractors at every tier will comply with this section.

13
(7) (A) “Qualified energy service company” means a company
14with a demonstrated ability to provide or arrange for building or
15facility energy auditors, selection and design of appropriate energy
16savings measures, project financing, implementation of these
17measures, and maintenance and ongoing measurement of these
18measures as to ensure and verify energy savings.

19
(B) An entity is not a qualified energy service company unless
20the entity has provided to the agency an enforceable commitment
21that the entity and its subcontractors at every tier will use a skilled
22and trained workforce to perform all work on the project or
23contract that falls within an apprenticeable occupation in the
24building and construction trades.

25
(8) “Skilled and trained workforce” means a workforce that
26meets all of the following conditions:

27
(A) All workers performing work in an apprenticeable
28occupation in the building and construction trades are either
29skilled journeypersons or apprentices in an apprenticeship
30program approved by the chief.

31
(B) (i) Except as provided in clause (ii), at least 60 percent of
32the skilled journeypersons employed to perform work on a contract
33or project by every contractor and each of its subcontractors at
34every tier are graduates of an apprenticeship program that was
35either approved by the chief pursuant to Section 3075 of the Labor
36Code, or an apprenticeship program located outside the state that
37is approved pursuant to the apprenticeship regulations adopted
38by the United States Secretary of Labor, for the applicable
39occupation.

P33   1
(ii) For an apprenticeable occupation in which no
2apprenticeship program had been approved by the chief before
3January 1, 1995, up to one-half of the requirement in clause (i)
4 may be satisfied by skilled journeypersons who commenced
5working in an apprenticeable occupation before the chief’s
6approval of an apprenticeship program in the county in which the
7project is located.

8
(iii) The requirements of this subparagraph are satisfied if, in
9a particular calendar month, either of the following is true:

10
(I) The percentage of the skilled journeypersons employed by
11the contractor or subcontractor to perform work on the contract
12or project is at least equal to 60 percent.

13
(II) For the hours of work performed by skilled journeypersons
14employed by the contractor or subcontractor on the contract or
15project, the percentage of hours performed by skilled
16journeypersons is at least equal to 60 percent.

17
(iv) This subparagraph does not apply to a contractor or
18subcontractor if, during the calendar month, the contractor or
19subcontractor employs skilled journeypersons to perform fewer
20than 10 hours of work on the contract or project.

21
(v) This subparagraph does not apply to a subcontractor if both
22of the following are true:

23
(I) The subcontractor is not a listed subcontractor in the
24investment grade audit or a substitute for a listed subcontractor.

25
(II) The subcontract does not exceed one-half of 1 percent of
26the price of the prime contract.

27
(9) “Skilled journeyperson” means a worker who is being paid
28at least the prevailing rate or per diem wages published by the
29Department of Industrial Relations for the occupation and
30geographic area and who either:

31
(A) Graduated from either an apprenticeship program that was
32approved by the chief pursuant to Section 3075 of the Labor Code,
33or an apprenticeship program located outside the state that is
34approved pursuant to the apprenticeship regulations adopted by
35the United States Secretary of Labor, for the applicable occupation.

36
(B) Has at least as many hours of on-the-job training experience
37in the applicable occupation as would be required to graduate
38from an apprenticeship program for the applicable occupation
39that is approved by the chief.

P34   1
(b) (1) The department or any other state agency intending to
2enter into an energy savings contract for an energy retrofit project
3may establish one or more pools of qualified energy service
4companies based on qualification, experience, pricing, or other
5pertinent factors. The department or state agency may select a
6qualified energy service company identified in the pool for a
7contract for a specific energy retrofit project on a rotational basis.

8
(2) The department or state agency has the exclusive authority
9to reject the plan or proposal of a qualified energy service company
10selected for an energy retrofit project pursuant to paragraph (1)
11and may continue the selection process until a satisfactory proposal
12is identified.

13
(c) (1) A qualified energy service company working on an
14energy retrofit project shall submit to the department or state
15agency, as appropriate, on a monthly basis, a report demonstrating
16compliance with this section.

17
(2) If the qualified energy service company fails to submit the
18monthly report or submits a report that is incomplete, the
19department or state agency, as appropriate, shall withhold further
20payments until a complete report is submitted.

21
(3) The monthly report is a public record under the California
22Public Records Act (Chapter 3.5 (commencing with Section 6250)
23of Division 7 of Title 1 of the Government Code) and shall be
24available for public inspection.

25
(d) Prior to performing an investment grade audit, the
26department or other state agency shall provide a public notification
27that includes the project location, assigned energy service
28company, and the appropriate contact information on the
29department’s Internet Web site.

30
(e) Subparagraph (B) of paragraph (7) of subdivision (a) and
31subdivision (c) do not apply if either of the following applies:

32
(1) The department or state agency, as appropriate, has entered
33into a project labor agreement, as defined in paragraph (1) of
34subdivision (b) of Section 2500 of the Public Contract Code, that
35will bind all contractors and subcontractors performing work on
36the project or contract and the entity agrees to be bound by that
37project labor agreement.

38
(2) The entity has entered into a project labor agreement, as
39defined in paragraph (1) of subdivision (b) of Section 2500 of the
P35   1Public Contract Code, that will bind the entity and all contractors
2and subcontractors at every tier performing the project or contract.

3
(f) Subparagraph (B) of paragraph (7) of subdivision (a) and
4subdivision (c) do not apply to work performed by the California
5Conservation Corps that is nontrades and nonconstruction related.

6
(g) This section is not intended to waive other terms and
7conditions applicable to a state contract for an energy retrofit
8project.

9
(h) This section shall remain in effect only until January 1, 2020,
10and as of that date is repealed, unless a later enacted statute, that
11is enacted before January 1, 2020, deletes or extends that date.

end insert
12begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 399.20 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
13to read:end insert

14

399.20.  

(a) It is the policy of this state and the intent of the
15Legislature to encourage electrical generation from eligible
16renewable energy resources.

17(b) As used in this section, “electric generation facility” means
18an electric generation facility located within the service territory
19of, and developed to sell electricity to, an electrical corporation
20that meets all of the following criteria:

21(1) Has an effective capacity of not more than three megawatts.

22(2) Is interconnected and operates in parallel with the electrical
23transmission and distribution grid.

24(3) Is strategically located and interconnected to the electrical
25transmission and distribution grid in a manner that optimizes the
26deliverability of electricity generated at the facility to load centers.

27(4) Is an eligible renewable energy resource.

28(c) Every electrical corporation shall file with the commission
29a standard tariff for electricity purchased from an electric
30generation facility. The commission may modify or adjust the
31requirements of this section for any electrical corporation with less
32than 100,000 service connections, as individual circumstances
33merit.

34(d) (1) The tariff shall provide for payment for every
35kilowatthour of electricity purchased from an electric generation
36facility for a period of 10, 15, or 20 years, as authorized by the
37commission. The payment shall be the market price determined
38by the commission pursuant to paragraph (2) and shall include all
39current and anticipated environmental compliance costs, including,
40but not limited to, mitigation of emissions of greenhouse gases
P36   1and air pollution offsets associated with the operation of new
2generating facilities in the local air pollution control or air quality
3management district where the electric generation facility is
4located.

5(2) The commission shall establish a methodology to determine
6the market price of electricity for terms corresponding to the length
7of contracts with an electric generation facility, in consideration
8of the following:

9(A) The long-term market price of electricity for fixed price
10contracts, determined pursuant to an electrical corporation’s general
11procurement activities as authorized by the commission.

12(B) The long-term ownership, operating, and fixed-price fuel
13costs associated with fixed-price electricity from new generating
14facilities.

15(C) The value of different electricity products including
16baseload, peaking, and as-available electricity.

17(3) The commission may adjust the payment rate to reflect the
18value of every kilowatthour of electricity generated on a
19time-of-delivery basis.

20(4) The commission shall ensure, with respect to rates and
21charges, that ratepayers that do not receive service pursuant to the
22tariff are indifferent to whether a ratepayer with an electric
23generation facility receives service pursuant to the tariff.

24(e) An electrical corporation shall provide expedited
25interconnection procedures to an electric generation facility located
26on a distribution circuit that generates electricity at a time and in
27a manner so as to offset the peak demand on the distribution circuit,
28if the electrical corporation determines that the electric generation
29facility will not adversely affect the distribution grid. The
30commission shall consider and may establish a value for an electric
31generation facility located on a distribution circuit that generates
32electricity at a time and in a manner so as to offset the peak demand
33on the distribution circuit.

34(f) (1) An electrical corporation shall make the tariff available
35to the owner or operator of an electric generation facility within
36the service territory of the electrical corporation, upon request, on
37a first-come-first-served basis, until the electrical corporation meets
38its proportionate share of a statewide cap of 750 megawatts
39cumulative rated generation capacity served under this section and
40Section 387.6. The proportionate share shall be calculated based
P37   1on the ratio of the electrical corporation’s peak demand compared
2to the total statewide peak demand.

3(2) By June 1, 2013, the commission shall, in addition to the
4750 megawatts identified in paragraph (1), direct the electrical
5corporations to collectively procure at least 250 megawatts of
6cumulative rated generating capacity from developers of bioenergy
7projects that commence operation on or after June 1, 2013. The
8commission shall, for each electrical corporation, allocate shares
9of the additional 250 megawatts based on the ratio of each electrical
10corporation’s peak demand compared to the total statewide peak
11demand. In implementing this paragraph, the commission shall do
12all of the following:

13(A) Allocate the 250 megawatts identified in this paragraph
14among the electrical corporations based on the following
15categories:

16(i) For biogas from wastewater treatment, municipal organic
17waste diversion, food processing, and codigestion, 110 megawatts.

18(ii) For dairy and other agricultural bioenergy, 90 megawatts.

19(iii) For bioenergy using byproducts of sustainable forest
20management, 50 megawatts. Allocations under this category shall
21be determined based on the proportion of bioenergy that sustainable
22forest management providers derive from sustainable forest
23management in fire threat treatment areas, as designated by the
24Department of Forestry and Fire Protection.

25(B) Direct the electrical corporations to develop standard
26contract terms and conditions that reflect the operational
27characteristics of the projects, and to provide a streamlined
28contracting process.

29(C) Coordinate, to the maximum extent feasible, any incentive
30or subsidy programs for bioenergy with the agencies listed in
31subparagraph (A) of paragraph (3) in order to provide maximum
32benefits to ratepayers and to ensure that incentives are used to
33reduce contract prices.

34(D) The commission shall encourage gas and electrical
35corporations to develop and offer programs and services to facilitate
36development of in-state biogas for a broad range of purposes.

37(3) (A) The commission, in consultation with the State Energy
38Resources Conservation and Development Commission, the State
39Air Resources Board, the Department of Forestry and Fire
40Protection, the Department of Food and Agriculture, and the
P38   1Department of Resources Recycling and Recovery, may review
2the allocations of the 250 additional megawatts identified in
3paragraph (2) to determine if those allocations are appropriate.

4(B) If the commission finds that the allocations of the 250
5additional megawatts identified in paragraph (2) are not
6appropriate, the commission may reallocate the 250 megawatts
7among the categories established in subparagraph (A) of paragraph
8(2).

begin insert

9
(4) (A) A project identified in clause (iii) of subparagraph (A)
10of paragraph (2) is eligible, in regards to interconnection, for the
11tariff established to implement paragraph (2) or to participate in
12any program or auction established to implement paragraph (2),
13if it meets at least one of the following requirements:

end insert
begin insert

14
(i) The project is already interconnected.

end insert
begin insert

15
(ii) The project has been found to be eligible for interconnection
16pursuant to the fast track process under the relevant tariff.

end insert
begin insert

17
(iii) A system impact study or other interconnection study has
18been completed for the project under the relevant tariff, and there
19was no determination in the study that, with the identified
20interconnection upgrades, if any, a condition specified in
21paragraph (2), (3), or (4) of subdivision (n) would exist. Such a
22project is not required to have a pending, active interconnection
23application to be eligible.

end insert
begin insert

24
(B) For a project meeting the eligibility requirements pursuant
25to clause (iii) of subparagraph (A) of this paragraph, both of the
26following apply:

end insert
begin insert

27
(i) The project is hereby deemed to be able to interconnect
28within the required time limits for the purpose of determining
29eligibility for the tariff.

end insert
begin insert

30
(ii) The project shall submit a new application for
31interconnection within 30 days of execution of a standard contract
32pursuant to the tariff if it does not have a pending, active
33interconnection application or a completed interconnection. For
34those projects, the time to achieve commercial operation shall
35begin to run from the date when the new system impact study or
36other interconnection study is completed rather than from the date
37of execution of the standard contract.

end insert
begin delete

38(4)

end delete

39begin insert(5)end insert For the purposes of this subdivision, “bioenergy” means
40biogas and biomass.

P39   1(g) The electrical corporation may make the terms of the tariff
2available to owners and operators of an electric generation facility
3in the form of a standard contract subject to commission approval.

4(h) Every kilowatthour of electricity purchased from an electric
5generation facility shall count toward meeting the electrical
6corporation’s renewables portfolio standard annual procurement
7targets for purposes of paragraph (1) of subdivision (b) of Section
8399.15.

9(i) The physical generating capacity of an electric generation
10facility shall count toward the electrical corporation’s resource
11adequacy requirement for purposes of Section 380.

12(j) (1) The commission shall establish performance standards
13for any electric generation facility that has a capacity greater than
14one megawatt to ensure that those facilities are constructed,
15operated, and maintained to generate the expected annual net
16production of electricity and do not impact system reliability.

17(2) The commission may reduce the three megawatt capacity
18limitation of paragraph (1) of subdivision (b) if the commission
19finds that a reduced capacity limitation is necessary to maintain
20system reliability within that electrical corporation’s service
21territory.

22(k) (1) Any owner or operator of an electric generation facility
23that received ratepayer-funded incentives in accordance with
24Section 379.6 of this code, or with Section 25782 of the Public
25Resources Code, and participated in a net metering program
26pursuant to Sections 2827, 2827.9, and 2827.10 of this code prior
27to January 1, 2010, shall be eligible for a tariff or standard contract
28filed by an electrical corporation pursuant to this section.

29(2) In establishing the tariffs or standard contracts pursuant to
30this section, the commission shall consider ratepayer-funded
31incentive payments previously received by the generation facility
32pursuant to Section 379.6 of this code or Section 25782 of the
33Public Resources Code. The commission shall require
34reimbursement of any funds received from these incentive
35programs to an electric generation facility, in order for that facility
36to be eligible for a tariff or standard contract filed by an electrical
37corporation pursuant to this section, unless the commission
38determines ratepayers have received sufficient value from the
39incentives provided to the facility based on how long the project
P40   1has been in operation and the amount of renewable electricity
2previously generated by the facility.

3(3) A customer that receives service under a tariff or contract
4approved by the commission pursuant to this section is not eligible
5to participate in any net metering program.

6(l) An owner or operator of an electric generation facility
7electing to receive service under a tariff or contract approved by
8the commission shall continue to receive service under the tariff
9or contract until either of the following occurs:

10(1) The owner or operator of an electric generation facility no
11longer meets the eligibility requirements for receiving service
12pursuant to the tariff or contract.

13(2) The period of service established by the commission pursuant
14to subdivision (d) is completed.

15(m) Within 10 days of receipt of a request for a tariff pursuant
16to this section from an owner or operator of an electric generation
17facility, the electrical corporation that receives the request shall
18post a copy of the request on its Internet Web site. The information
19posted on the Internet Web site shall include the name of the city
20in which the facility is located, but information that is proprietary
21and confidential, including, but not limited to, address information
22beyond the name of the city in which the facility is located, shall
23be redacted.

24(n) An electrical corporation may deny a tariff request pursuant
25to this section if the electrical corporation makes any of the
26following findings:

27(1) The electric generation facility does not meet the
28requirements of this section.

29(2) The transmission or distribution grid that would serve as the
30point of interconnection is inadequate.

31(3) The electric generation facility does not meet all applicable
32state and local laws and building standards and utility
33interconnection requirements.

34(4) The aggregate of all electric generating facilities on a
35distribution circuit would adversely impact utility operation and
36load restoration efforts of the distribution system.

37(o) Upon receiving a notice of denial from an electrical
38 corporation, the owner or operator of the electric generation facility
39denied a tariff pursuant to this section shall have the right to appeal
40that decision to the commission.

P41   1(p) In order to ensure the safety and reliability of electric
2generation facilities, the owner of an electric generation facility
3receiving a tariff pursuant to this section shall provide an inspection
4and maintenance report to the electrical corporation at least once
5every other year. The inspection and maintenance report shall be
6prepared at the owner’s or operator’s expense by a
7California-licensed contractor who is not the owner or operator of
8the electric generation facility. A California-licensed electrician
9shall perform the inspection of the electrical portion of the
10generation facility.

11(q) The contract between the electric generation facility
12receiving the tariff and the electrical corporation shall contain
13provisions that ensure that construction of the electric generating
14facility complies with all applicable state and local laws and
15building standards, and utility interconnection requirements.

16(r) (1) All construction and installation of facilities of the
17electrical corporation, including at the point of the output meter
18or at the transmission or distribution grid, shall be performed only
19by that electrical corporation.

20(2) All interconnection facilities installed on the electrical
21corporation’s side of the transfer point for electricity between the
22electrical corporation and the electrical conductors of the electric
23generation facility shall be owned, operated, and maintained only
24by the electrical corporation. The ownership, installation, operation,
25reading, and testing of revenue metering equipment for electric
26generating facilities shall only be performed by the electrical
27corporation.

28begin insert

begin insertSEC. 9.5.end insert  

end insert

begin insertSection 399.20 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is
29amended to read:end insert

30

399.20.  

(a) It is the policy of this state and the intent of the
31Legislature to encourage electrical generation from eligible
32renewable energy resources.

33(b) As used in this section, “electric generation facility” means
34an electric generation facility located within the service territory
35of, and developed to sell electricity to, an electrical corporation
36that meets all of the following criteria:

37(1) Has an effective capacity of not more than threebegin delete megawatts.end delete
38
begin insert megawatts, with the exception of those facilities participating in
39a tariff made available pursuant to paragraph (2) of subdivision
40(f).end insert

P42   1(2) Is interconnected and operates in parallel with the electrical
2transmission and distribution grid.

3(3) Is strategically located and interconnected to the electrical
4transmission and distribution grid in a manner that optimizes the
5deliverability of electricity generated at the facility to load centers.

6(4) Is an eligible renewable energy resource.

7(c) Every electrical corporation shall file with the commission
8a standard tariff for electricity purchased from an electric
9generation facility. The commission may modify or adjust the
10requirements of this section for any electrical corporation with less
11than 100,000 service connections, as individual circumstances
12merit.

13(d) (1) The tariff shall provide for payment for every
14kilowatthour of electricity purchased from an electric generation
15facility for a period of 10, 15, or 20 years, as authorized by the
16commission. The payment shall be the market price determined
17by the commission pursuant to paragraph (2) and shall include all
18current and anticipated environmental compliance costs, including,
19but not limited to, mitigation of emissions of greenhouse gases
20and air pollution offsets associated with the operation of new
21generating facilities in the local air pollution control or air quality
22management district where the electric generation facility is
23located.

24(2) The commission shall establish a methodology to determine
25the market price of electricity for terms corresponding to the length
26of contracts with an electric generation facility, in consideration
27of the following:

28(A) The long-term market price of electricity for fixed price
29contracts, determined pursuant to an electrical corporation’s general
30procurement activities as authorized by the commission.

31(B) The long-term ownership, operating, and fixed-price fuel
32costs associated with fixed-price electricity from new generating
33facilities.

34(C) The value of different electricity products including
35baseload, peaking, and as-available electricity.

36(3) The commission may adjust the payment rate to reflect the
37value of every kilowatthour of electricity generated on a
38time-of-delivery basis.

39(4) The commission shall ensure, with respect to rates and
40charges, that ratepayers that do not receive service pursuant to the
P43   1tariff are indifferent to whether a ratepayer with an electric
2generation facility receives service pursuant to the tariff.

3(e) An electrical corporation shall provide expedited
4interconnection procedures to an electric generation facility located
5on a distribution circuit that generates electricity at a time and in
6a manner so as to offset the peak demand on the distribution circuit,
7if the electrical corporation determines that the electric generation
8facility will not adversely affect the distribution grid. The
9commission shall consider and may establish a value for an electric
10generation facility located on a distribution circuit that generates
11electricity at a time and in a manner so as to offset the peak demand
12on the distribution circuit.

13(f) (1) An electrical corporation shall make the tariff available
14to the owner or operator of an electric generation facility within
15the service territory of the electrical corporation, upon request, on
16a first-come-first-served basis, until the electrical corporation meets
17its proportionate share of a statewide cap of 750 megawatts
18cumulative rated generation capacity served under this section and
19Section 387.6. The proportionate share shall be calculated based
20on the ratio of the electrical corporation’s peak demand compared
21to the total statewide peak demand.

22(2) By June 1, 2013, the commission shall, in addition to the
23750 megawatts identified in paragraph (1), direct the electrical
24corporations to collectively procure at least 250 megawatts of
25cumulative rated generating capacity from developers of bioenergy
26projects that commence operation on or after June 1, 2013. The
27commission shall, for each electrical corporation, allocate shares
28of the additional 250 megawatts based on the ratio of each electrical
29corporation’s peak demand compared to the total statewide peak
30demand. In implementing this paragraph, the commission shall do
31all of the following:

32(A) Allocate the 250 megawatts identified in this paragraph
33among the electrical corporations based on the following
34categories:

35(i) For biogas from wastewater treatment, municipal organic
36waste diversion, food processing, and codigestion, 110 megawatts.

37(ii) For dairy and other agricultural bioenergy, 90 megawatts.

38(iii) For bioenergy using byproducts of sustainable forest
39management, 50 megawatts. Allocations under this category shall
40be determined based on the proportion of bioenergy that sustainable
P44   1forest management providers derive from sustainable forest
2management in fire threat treatment areas, as designated by the
3Department of Forestry and Fire Protection.

4(B) Direct the electrical corporations to develop standard
5contract terms and conditions that reflect the operational
6characteristics of the projects, and to provide a streamlined
7contracting process.

8(C) Coordinate, to the maximum extent feasible, any incentive
9or subsidy programs for bioenergy with the agencies listed in
10subparagraph (A) of paragraph (3) in order to provide maximum
11benefits to ratepayers and to ensure that incentives are used to
12reduce contract prices.

13(D) The commission shall encourage gas and electrical
14corporations to develop and offer programs and services to facilitate
15development of in-state biogas for a broad range of purposes.

begin insert

16
(E) Direct the electrical corporations to authorize a bioenergy
17electric generation facility with a nameplate generating capacity
18of up to five megawatts to participate in the tariff made available
19pursuant to this paragraph, if it meets the following conditions:

end insert
begin insert

20
(i) It delivers no more than three megawatts to the grid at any
21time.

end insert
begin insert

22
(ii) It complies with the electrical corporation’s Electric Rule
2321 tariff or other distribution access tariff.

end insert
begin insert

24
(iii) Payment is made pursuant to paragraph (1) of subdivision
25(d) and no payment is made for any electricity delivered to the
26grid in excess of three megawatts at any time.

end insert

27(3) (A) The commission, in consultation with the State Energy
28Resources Conservation and Development Commission, the State
29Air Resources Board, the Department of Forestry and Fire
30Protection, the Department of Food and Agriculture, and the
31Department of Resources Recycling and Recovery, may review
32the allocations of the 250 additional megawatts identified in
33paragraph (2) to determine if those allocations are appropriate.

34(B) If the commission finds that the allocations of the 250
35additional megawatts identified in paragraph (2) are not
36appropriate, the commission may reallocate the 250 megawatts
37among the categories established in subparagraph (A) of paragraph
38(2).

begin insert

39
(4) (A) A project identified in clause (iii) of subparagraph (A)
40of paragraph (2) is eligible, in regards to interconnection, for the
P45   1tariff established to implement paragraph (2) or to participate in
2any program or auction established to implement paragraph (2),
3if it meets at least one of the following requirements:

end insert
begin insert

4
(i) The project is already interconnected.

end insert
begin insert

5
(ii) The project has been found to be eligible for interconnection
6pursuant to the fast track process under the relevant tariff.

end insert
begin insert

7
(iii) A system impact study or other interconnection study has
8been completed for the project under the relevant tariff, and there
9was no determination in the study that, with the identified
10interconnection upgrades, if any, a condition specified in
11paragraph (2), (3), or (4) of subdivision (n) would exist. Such a
12project is not required to have a pending, active interconnection
13application to be eligible.

end insert
begin insert

14
(B) For a project meeting the eligibility requirements pursuant
15to clause (iii) of subparagraph (A) of this paragraph, both of the
16following apply:

end insert
begin insert

17
(i) The project is hereby deemed to be able to interconnect
18within the required time limits for the purpose of determining
19eligibility for the tariff.

end insert
begin insert

20
(ii) The project shall submit a new application for
21interconnection within 30 days of execution of a standard contract
22pursuant to the tariff if it does not have a pending, active
23interconnection application or a completed interconnection. For
24those projects, the time to achieve commercial operation shall
25begin to run from the date when the new system impact study or
26other interconnection study is completed rather than from the date
27of execution of the standard contract.

end insert
begin delete

28(4)

end delete

29begin insert(5)end insert For the purposes of this subdivision, “bioenergy” means
30biogas and biomass.

31(g) The electrical corporation may make the terms of the tariff
32available to owners and operators of an electric generation facility
33in the form of a standard contract subject to commission approval.

34(h) Every kilowatthour of electricity purchased from an electric
35generation facility shall count toward meeting the electrical
36corporation’s renewables portfolio standard annual procurement
37targets for purposes of paragraph (1) of subdivision (b) of Section
38399.15.

P46   1(i) The physical generating capacity of an electric generation
2facility shall count toward the electrical corporation’s resource
3adequacy requirement for purposes of Section 380.

4(j) (1) The commission shall establish performance standards
5for any electric generation facility that has a capacity greater than
6one megawatt to ensure that those facilities are constructed,
7operated, and maintained to generate the expected annual net
8production of electricity and do not impact system reliability.

9(2) The commission may reduce the three megawatt capacity
10limitation of paragraph (1) of subdivision (b) if the commission
11finds that a reduced capacity limitation is necessary to maintain
12system reliability within that electrical corporation’s service
13territory.

14(k) (1) Any owner or operator of an electric generation facility
15that received ratepayer-funded incentives in accordance with
16Section 379.6 of this code, or with Section 25782 of the Public
17Resources Code, and participated in a net metering program
18pursuant to Sections 2827, 2827.9, and 2827.10 of this code prior
19to January 1, 2010, shall be eligible for a tariff or standard contract
20filed by an electrical corporation pursuant to this section.

21(2) In establishing the tariffs or standard contracts pursuant to
22this section, the commission shall consider ratepayer-funded
23incentive payments previously received by the generation facility
24pursuant to Section 379.6 of this code or Section 25782 of the
25Public Resources Code. The commission shall require
26reimbursement of any funds received from these incentive
27programs to an electric generation facility, in order for that facility
28to be eligible for a tariff or standard contract filed by an electrical
29corporation pursuant to this section, unless the commission
30determines ratepayers have received sufficient value from the
31incentives provided to the facility based on how long the project
32has been in operation and the amount of renewable electricity
33previously generated by the facility.

34(3) A customer that receives service under a tariff or contract
35approved by the commission pursuant to this section is not eligible
36to participate in any net metering program.

37(l) An owner or operator of an electric generation facility
38electing to receive service under a tariff or contract approved by
39the commission shall continue to receive service under the tariff
40or contract until either of the following occurs:

P47   1(1) The owner or operator of an electric generation facility no
2longer meets the eligibility requirements for receiving service
3pursuant to the tariff or contract.

4(2) The period of service established by the commission pursuant
5to subdivision (d) is completed.

6(m) Within 10 days of receipt of a request for a tariff pursuant
7to this section from an owner or operator of an electric generation
8facility, the electrical corporation that receives the request shall
9post a copy of the request on its Internet Web site. The information
10posted on the Internet Web site shall include the name of the city
11in which the facility is located, but information that is proprietary
12and confidential, including, but not limited to, address information
13beyond the name of the city in which the facility is located, shall
14be redacted.

15(n) An electrical corporation may deny a tariff request pursuant
16to this section if the electrical corporation makes any of the
17following findings:

18(1) The electric generation facility does not meet the
19requirements of this section.

20(2) The transmission or distribution grid that would serve as the
21point of interconnection is inadequate.

22(3) The electric generation facility does not meet all applicable
23state and local laws and building standards and utility
24interconnection requirements.

25(4) The aggregate of all electric generating facilities on a
26distribution circuit would adversely impact utility operation and
27load restoration efforts of the distribution system.

28(o) Upon receiving a notice of denial from an electrical
29corporation, the owner or operator of the electric generation facility
30denied a tariff pursuant to this section shall have the right to appeal
31that decision to the commission.

32(p) In order to ensure the safety and reliability of electric
33generation facilities, the owner of an electric generation facility
34receiving a tariff pursuant to this section shall provide an inspection
35and maintenance report to the electrical corporation at least once
36every other year. The inspection and maintenance report shall be
37prepared at the owner’s or operator’s expense by a
38California-licensed contractor who is not the owner or operator of
39the electric generation facility. A California-licensed electrician
P48   1shall perform the inspection of the electrical portion of the
2generation facility.

3(q) The contract between the electric generation facility
4receiving the tariff and the electrical corporation shall contain
5provisions that ensure that construction of the electric generating
6facility complies with all applicable state and local laws and
7building standards, and utility interconnection requirements.

8(r) (1) All construction and installation of facilities of the
9electrical corporation, including at the point of the output meter
10or at the transmission or distribution grid, shall be performed only
11by that electrical corporation.

12(2) All interconnection facilities installed on the electrical
13corporation’s side of the transfer point for electricity between the
14electrical corporation and the electrical conductors of the electric
15generation facility shall be owned, operated, and maintained only
16by the electrical corporation. The ownership, installation, operation,
17reading, and testing of revenue metering equipment for electric
18generating facilities shall only be performed by the electrical
19corporation.

20begin insert

begin insertSEC. 10.end insert  

end insert
begin insert

The Legislature finds and declares all of the
21following:

end insert
begin insert

22
(a) California imports 91 percent of its natural gas, which is
23responsible for 25 percent of the state’s emissions of greenhouse
24gases.

end insert
begin insert

25
(b) California made a commitment to address climate change
26with the California Global Warming Solutions Act of 2006
27(Division 25.5 (commencing with Section 38500) of the Health
28and Safety Code) and the adoption of a comprehensive strategy
29to reduce emissions of short-lived climate pollutants (Chapter 4.2
30(commencing with Section 39730) of Part 2 of Division 26 of the
31Health and Safety Code). For California to meet its goals for
32reducing emissions of greenhouse gases and short-lived climate
33pollutants, the state must reduce emissions from the natural gas
34sector and increase the production and distribution of renewable
35and low-carbon gas supplies.

end insert
begin insert

36
(c) Biomethane is gas generated from organic waste through
37anaerobic digestion, gasification, pyrolysis, or other conversion
38technology that converts organic matter to gas. Biomethane may
39be produced from multiple sources, including agricultural waste,
P49   1forest waste, landfill gas, wastewater treatment byproducts, and
2diverted organic waste.

end insert
begin insert

3
(d) Biomethane provides a sustainable and clean alternative to
4natural gas. If 10 percent of California’s natural gas use were to
5be replaced with biomethane use, emissions of greenhouse gases
6would be reduced by tens of millions of metric tons of carbon
7dioxide equivalent every year.

end insert
begin insert

8
(e) Investing in biomethane would create cobenefits, including
9flexible generation of electricity from a renewable source that is
10available 24 hours a day, reduction of fossil fuel use, reduction of
11air and water pollution, and new jobs.

end insert
begin insert

12
(f) Biomethane can also be used as transportation fuel or
13injected into natural gas pipelines for other uses. The most
14appropriate use of biomethane varies depending on the source,
15proximity to existing natural gas pipeline injection points or large
16vehicle fleets, and the circumstances of existing facilities.

end insert
begin insert

17
(g) The biomethane market has been slow to develop in
18California because the collection, purification, and pipeline
19injection of biomethane can be costly.

end insert
begin insert

20
(h) Biomethane is poised to play a key role in future natural
21gas and hydrogen fuel markets as a blendstock that can
22significantly reduce the carbon footprint of these two fossil-based
23alternative fuels.

end insert
begin insert

24
(i) Biomethane is one of the most promising alternative vehicle
25fuels because it generates the least net emissions of greenhouse
26gases. According to the low-carbon fuel standard regulations
27(Subarticle 7 (commencing with Section 95480) of Article 4 of
28Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the
29California Code of Regulations) adopted by the State Air Resources
30Board, vehicles running on biomethane generate significantly
31lower emissions of greenhouse gases than vehicles running on
32electricity or fossil fuel-derived hydrogen.

end insert
begin insert

33
(j) The California Council on Science and Technology was
34established by California academic research institutions, including
35the University of California, the University of Southern California,
36the California Institute of Technology, Stanford University, and
37the California State University, and was organized as a nonprofit
38corporation pursuant to Section 501(c)(3) of the Internal Revenue
39Code, in response to Assembly Concurrent Resolution No. 162
40(Resolution Chapter 148 of the Statutes of 1988).

end insert
begin insert

P50   1
(k) The California Council on Science and Technology was
2uniquely established at the request of the Legislature for the
3specific purpose of offering expert advice to state government on
4public policy issues significantly related to science and technology.

end insert
begin insert

5
(l) It is in the public’s interests, and in the interest of ratepayers
6of the state’s gas corporations, that the policies and programs
7adopted by the Public Utilities Commission be guided by the best
8science reasonably available.

end insert
9begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 784.1 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert,
10to read:end insert

begin insert
11

begin insert784.1.end insert  

(a) The Legislature requests that the California Council
12on Science and Technology undertake and complete a study
13analyzing the regional and gas corporation specific issues relating
14to minimum heating value and maximum siloxane specifications
15for biomethane before it can be injected into common carrier gas
16pipelines, including those specifications adopted in Sections 4.4.3.3
17and 4.4.4 of commission Decision 14-01-034 (January 16, 2014),
18Decision Regarding the Biomethane Implementation Tasks in
19Assembly Bill 1900. The study shall consider and evaluate other
20states’ standards, the source of biomethane, the dilution of
21biomethane after it is injected into the pipeline, the equipment and
22technology upgrades required to meet the minimum heating value
23specifications, including the impacts of those specifications on the
24cost, volume of biomethane sold, equipment operation, and safety.
25The study shall also consider whether different sources of biogas
26should have different standards or if all sources should adhere to
27one standard for the minimum heating value and maximum
28permissible level of siloxanes. The study shall develop the best
29science reasonably available and not merely be a literature review.
30In order to meet the state’s goals for reducing emissions of
31greenhouse gases and short-lived climate pollutants and the state’s
32goals for promoting the use of renewable energy resources in place
33of burning fossil fuels, the California Council on Science and
34Technology, if it agrees to undertake and complete the study, shall
35complete the study within nine months of entering into a contract
36to undertake and complete the study.

37
(b) (1) If the California Council on Science and Technology
38agrees to undertake and complete the study pursuant to subdivision
39(a), the commission shall require each gas corporation operating
40common carrier pipelines in California to proportionately
P51   1contribute to the expenses to undertake the study pursuant to
2Sections 740 and 740.1. The commission may modify the monetary
3incentives made available pursuant to commission Decision
415-06-029 (June 11, 2015), Decision Regarding the Costs of
5Compliance with Decision 14-01-034 and Adoption of Biomethane
6Promotion Policies and Program, to allocate some of the moneys
7that would be made available for incentives to instead be made
8available to pay for the costs of the study so as to not further
9burden ratepayers with additional expense.

10
(2) The commission’s authority pursuant to paragraph (1) shall
11apply notwithstanding whether the gas corporation has proposed
12the program pursuant to Section 740.1.

13
(c) If the California Council on Science and Technology agrees
14to undertake and complete the study pursuant to subdivision (a),
15within six months of its completion, the commission shall reevaluate
16its requirements and standards adopted pursuant to Section 25421
17of the Health and Safety Code relative to the requirements and
18standards for biomethane to be injected into common carrier
19pipelines and, if appropriate, change those requirements and
20standards or adopt new requirements and standards, giving due
21deference to the conclusions and recommendations made in the
22study by the California Council on Science and Technology.

end insert
23begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 2834 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is repealed.end insert

begin delete
24

2834.  

This chapter shall remain in effect only until January 1,
252019, and as of that date is repealed, unless a later enacted statute,
26that is enacted before January 1, 2019, deletes or extends that date.

end delete
27begin insert

begin insertSEC. 13.end insert  

end insert
begin insert

(a) By March 31, 2017, the Public Utilities
28Commission shall report to the relevant policy and fiscal
29committees of the Legislature on its business process inventory
30efforts. The report shall include documentation and measurement
31of commission processes, including administrative and monitoring
32processes shaped by law and judicial review, program performance
33and communications pursuant to the commission’s rules and
34procedures, and internal processes related to administration and
35managing human resources.

end insert
begin insert

36
(b) The report shall be submitted in compliance with Section
379795 of the Government Code.

end insert
begin insert

38
(c) Pursuant to Section 10231.5 of the Government Code, this
39section is repealed on April 1, 2021.

end insert
P52   1begin insert

begin insertSEC. 14.end insert  

end insert
begin insert

(a) By March 31, 2017, the Public Utilities
2Commission shall report to the relevant policy and fiscal
3committees of the Legislature on options to locate operations and
4staff outside of the commission’s San Francisco headquarters. The
5report shall explore options for leveraging additional facilities in
6areas of the state, including Sacramento, that would allow the
7commission to collaborate with other state entities and provide
8staff more opportunities for training, career development, and
9exchange placements with other state entities. The report shall do
10both of the following:

end insert
begin insert

11
(1) Consider categories of operations in different offices.

end insert
begin insert

12
(2) Analyze recruitment and retention, salary disparities by
13location based on duty statements, and costs associated with using
14locations outside of San Francisco with no, or minimal, disruption
15of current commission employees.

end insert
begin insert

16
(b) The commission shall conduct one or more public workshops
17to obtain suggestions, concerns, ideas, and comments from
18stakeholders and interested members of the public in furtherance
19of the purpose of the report.

end insert
begin insert

20
(c) (1) The report shall be submitted in compliance with Section
219795 of the Government Code.

end insert
begin insert

22
(2) Pursuant to Section 10231.5 of the Government Code, this
23section is repealed on April 1, 2021.

end insert
24begin insert

begin insertSEC. 15.end insert  

end insert
begin insert

Section 4.5 of this bill incorporates amendments to
25Section 1546.1 of the Penal Code proposed by both this bill and
26Assembly Bill 1924. It shall only become operative if (1) both bills
27are enacted and become effective on or before January 1, 2017,
28(2) each bill amends Section 1546.1 of the Penal Code, and (3)
29this bill is enacted after Assembly Bill 1924, in which case Section
304 of this bill shall not become operative.

end insert
31begin insert

begin insertSEC. 16.end insert  

end insert
begin insert

Section 9.5 of this bill incorporates amendments to
32Section 399.20 of the Public Utilities Code proposed by both this
33bill and Assembly Bill 1923. It shall only become operative if (1)
34both bills are enacted and become effective on or before January
351, 2017, (2) each bill amends Section 399.20 of the Public Utilities
36Code, and (3) this bill is enacted after Assembly Bill 1923, in which
37case Section 9 of this bill shall not become operative.

end insert
38begin insert

begin insertSEC. 17.end insert  

end insert
begin insert

The sum of two hundred seventy-five thousand dollars
39($275,000) is hereby appropriated from the Appliance Efficiency
40Enforcement Subaccount in the Energy Resources Programs
P53   1Account to the State Energy Resources Conservation and
2Development Commission to support the Title 20 Appliance
3Efficiency Standards Compliance Assistance and Enforcement
4Program.

end insert
5begin insert

begin insertSEC. 1end insertbegin insert8.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant
6to Section 6 of Article XIII B of the California Constitution because
7the only costs that may be incurred by a local agency or school
8district will be incurred because this act creates a new crime or
9infraction, eliminates a crime or infraction, or changes the penalty
10for a crime or infraction, within the meaning of Section 17556 of
11the Government Code, or changes the definition of a crime within
12the meaning of Section 6 of Article XIII B of the California
13Constitution.

end insert
14begin insert

begin insertSEC. 1end insertbegin insert9.end insert  

end insert
begin insert

This act is a bill providing for appropriations related
15to the Budget Bill within the meaning of subdivision (e) of Section
1612 of Article IV of the California Constitution, has been identified
17as related to the budget in the Budget Bill, and shall take effect
18immediately.

end insert
begin delete
19

SECTION 1.  

Section 155 of the Code of Civil Procedure is
20amended to read:

21

155.  

(a) (1) A superior court has jurisdiction under California
22law to make judicial determinations regarding the custody and
23care of children within the meaning of the federal Immigration
24and Nationality Act (8 U.S.C. Sec. 1101 et seq. and 8 C.F.R. Sec.
25204.11), which includes, but is not limited to, the juvenile, probate,
26and family court divisions of the superior court. These courts have
27jurisdiction to make the factual findings necessary to enable a child
28to petition the United States Citizenship and Immigration Services
29for classification as a special immigrant juvenile pursuant to
30Section 1101(a)(27)(J) of Title 8 of the United States Code.

31(2) The factual findings set forth in paragraph (1) of subdivision
32(b) may be made at any point in a proceeding regardless of the
33division of the superior court or type of proceeding if the
34prerequisites of that subdivision are met.

35(b) (1) If an order is requested from the superior court making
36the necessary findings regarding special immigrant juvenile status
37pursuant to Section 1101(a)(27)(J) of Title 8 of the United States
38Code, and there is evidence to support those findings, which may
39consist solely of, but is not limited to, a declaration by the child
P54   1who is the subject of the petition, the court shall issue the order,
2which shall include all of the following findings:

3(A) The child was either of the following:

4(i) Declared a dependent of the court.

5(ii) Legally committed to, or placed under the custody of, a state
6agency or department, or an individual or entity appointed by the
7court. The court shall indicate the date on which the dependency,
8commitment, or custody was ordered.

9(B) That reunification of the child with one or both of the child’s
10parents was determined not to be viable because of abuse, neglect,
11abandonment, or a similar basis pursuant to California law. The
12court shall indicate the date on which reunification was determined
13not to be viable.

14(C) That it is not in the best interest of the child to be returned
15to the child’s, or his or her parent’s, previous country of nationality
16or country of last habitual residence.

17(2) The superior court may make additional findings under this
18section that are supported by evidence only if requested by a party.
19The asserted, purported, or perceived motivation of the child
20seeking classification as a special immigrant juvenile shall not be
21admissible in making the findings under this section. The court
22shall not include nor reference the asserted, purported, or perceived
23motivation of the child seeking classification as a special immigrant
24juvenile in the court’s findings under this section.

25(c) In any judicial proceedings in response to a request that the
26superior court make the findings necessary to support a petition
27for classification as a special immigrant juvenile, information
28regarding the child’s immigration status that is not otherwise
29protected by state confidentiality laws shall remain confidential
30and shall be available for inspection only by the court, the child
31who is the subject of the proceeding, the parties, the attorneys for
32the parties, the child’s counsel, and the child’s guardian.

33(d) In any judicial proceedings in response to a request that the
34superior court make the findings necessary to support a petition
35for classification as a special immigrant juvenile, records of the
36proceedings that are not otherwise protected by state confidentiality
37laws may be sealed using the procedure set forth in California
38Rules of Court 2.550 and 2.551.

39(e) The Judicial Council shall adopt any rules and forms needed
40to implement this section.

P55   1

SEC. 2.  

Section 11253.4 of the Welfare and Institutions Code
2 is amended to read:

3

11253.4.  

(a) (1) On and after January 1, 2015, a child eligible
4for the Approved Relative Caregiver Funding Option Program in
5accordance with Section 11461.3 is not subject to the provisions
6of this chapter relating to CalWORKs, including, but not limited
7to, the provisions that relate to CalWORKs eligibility,
8welfare-to-work, time limits, or grant computation.

9(2) All of the following shall apply to a child specified in
10paragraph (1):

11(A) He or she shall receive the applicable regional CalWORKs
12grant for recipient in an assistance unit of one, pursuant to the
13exempt maximum aid payment set forth in Section 11450, and any
14changes to the CalWORKs grant amount shall apply to the grant
15described in this subparagraph.

16(B) Notwithstanding any other law, the CalWORKs grant of
17the child shall be paid by the county with payment responsibility
18as described in subdivision (b) of Section 11461.3, rather than the
19county of residence of the child, unless the child resides in the
20county with payment responsibility.

21(C) For an assistance unit described in subparagraph (A),
22eligibility shall be determined in accordance with paragraph (3)
23of subdivision (a) of Section 672 of Title 42 of the United States
24Code and state law implementing those requirements for the
25purposes of Article 5 (commencing with Section 11400).

26(D) (i) Article 7 (commencing with Section 11475.2), as
27modified by subdivisions (j) and (k) of Section 11461.3, shall apply
28to an assistance unit described in subparagraph (A).

29(ii) This subparagraph is intended by the Legislature to clarify
30existing law.

31(b) (1) Except as provided in paragraph (2), a person who is an
32approved relative caregiver with whom a child eligible in
33accordance with Section 11461.3 is placed shall be exempt from
34Chapter 4.6 (commencing with Section 10830) of Part 2 governing
35the statewide fingerprint imaging system.

36(2) An approved relative caregiver who is also an applicant for
37or a recipient of benefits under this chapter shall comply with the
38 statewide fingerprint imaging system requirements.

39(c) Notwithstanding Sections 11004 and 11004.1 or any other
40law, overpayments to an assistance unit described in subparagraph
P56   1(A) of paragraph (2) of subdivision (a) shall be collected in
2accordance with subdivision (d) of Section 11461.3.

3(d) If an approved relative caregiver with whom a child eligible
4in accordance with Section 11461.3 is placed is also an applicant
5for or a recipient of benefits under this chapter, all of the following
6shall apply:

7(1) The applicant or recipient and each eligible child, excluding
8any child eligible in accordance with Section 11461.3, shall receive
9aid in an assistance unit separate from the assistance unit described
10in subparagraph (A) of paragraph (2) of subdivision (a), and the
11CalWORKs grant of the assistance unit shall be paid by the county
12of residence of the assistance unit.

13(2) For purposes of calculating the grant of the assistance unit,
14the number of eligible needy persons on which the grant is based
15pursuant to paragraph (1) of subdivision (a) of Section 11450 shall
16not include any child eligible in accordance with Section 11461.3.

17(3) For purposes of calculating minimum basic standards of
18adequate care for the assistance unit, any child eligible in
19accordance with Section 11461.3 shall be included as an eligible
20needy person in the same family pursuant to paragraph (2) of
21subdivision (a) of Section 11452.

22(e) This section shall apply retroactively to a child eligible for
23the Approved Relative Caregiver Funding Option Program and
24his or her approved relative caregiver as of January 1, 2015.

25

SEC. 3.  

Section 11253.45 is added to the Welfare and
26Institutions Code
, immediately following Section 11253.4, to read:

27

11253.45.  

(a) (1) A child to whom Section 309, 361.45, or
2816519.5 applies, and who is placed in the home of a relative who
29has been approved as a resource family pursuant to Section
3016519.5, shall receive a grant that equals the resource family basic
31rate at the child’s assessed level of care, as set forth in subdivision
32(g) of Section 11461 and Section 11463. If the child is determined
33eligible for aid, the total grant shall be comprised of the
34CalWORKs grant plus an amount that, when combined with the
35CalWORKs grant, equals the resource family basic rate at the
36child’s assessed level of care.

37(2) The non-CalWORKs portion of the grant provided in
38paragraph (1) shall be paid from funds separate from funds
39appropriated in the annual Budget Act and counties’ share of costs
40for the CalWORKs program.

P57   1(3) A child specified in paragraph (1) is not subject to the
2provisions of this chapter relating to CalWORKs, including, but
3not limited to, the provisions that relate to CalWORKs eligibility,
4welfare to work, child support enforcement, time limits, or grant
5computation.

6(4) All of the following shall apply to a child specified in
7paragraph (1):

8(A) He or she shall receive the applicable regional CalWORKs
9grant for a recipient in an assistance unit of one, pursuant to the
10exempt maximum aid payment set forth in Section 11450, and any
11changes to the CalWORKs grant amount shall apply to the grant
12described in this subparagraph.

13(B) Notwithstanding any other law, the CalWORKs grant for
14the child shall be paid by the county with payment responsibility
15in accordance with paragraph (1) regardless of the county of
16residence of the child.

17(C) For an assistance unit described in subparagraph (A),
18eligibility shall be determined in accordance with paragraph (3)
19of subdivision (a) of Section 672 of Title 42 of the United States
20Code and state law implementing those requirements for the
21purposes of Article 5 (commencing with Section 11400).

22(b) (1) Except as provided in paragraph (2), a person applying
23for aid on behalf of a child described in paragraph (1) of
24subdivision (a), shall be exempt from Chapter 4.6 (commencing
25with Section 10830) of Part 2 governing the statewide fingerprint
26imaging system.

27(2) A relative who is also an applicant for or a recipient of
28benefits under this chapter shall comply with the statewide
29fingerprint imaging system requirements.

30(c) Notwithstanding Sections 11004 and 11004.1 or any other
31law, overpayments to an assistance unit described in subparagraph
32(A) of paragraph (4) of subdivision (a) shall be collected using the
33standards and processes for overpayment recoupment as specified
34in Section 11466.24, and recouped overpayments shall not be
35subject to remittance to the federal government.

36(d) If a relative with whom a child eligible in accordance with
37this section is placed is also an applicant for, or a recipient of,
38benefits under this chapter, all of the following shall apply:

39(1) The applicant or recipient and each eligible child, excluding
40any child eligible in accordance with this section, shall receive aid
P58   1in an assistance unit separate from the assistance unit described in
2subparagraph (A) of paragraph (4) of subdivision (a), and the
3CalWORKs grant of the assistance unit shall be paid by the county
4of residence of the assistance unit.

5(2) For purposes of calculating the grant of the assistance unit,
6the number of eligible needy persons on which the grant is based
7pursuant to paragraph (1) of subdivision (a) of Section 11450 shall
8not include any child eligible in accordance with this section.

9(3) For purposes of calculating minimum basic standards of
10adequate care for the assistance unit, any child eligible in
11accordance with this section shall be included as an eligible needy
12person in the same family pursuant to paragraph (2) of subdivision
13(a) of Section 11452.

14(e) This section shall apply only to a child under the jurisdiction
15of a county that has not opted into the Approved Relative Caregiver
16Funding Option pursuant to Section 11461.3.

17(f) This section shall become operative on January 1, 2017.

18

SEC. 4.  

Section 11320.15 of the Welfare and Institutions Code
19 is amended to read:

20

11320.15.  

(a) After a participant has been removed from the
21assistance unit under subdivision (a) of Section 11454, additional
22welfare-to-work services may be provided to the recipient, at the
23option of the county. If the county provides services to the recipient
24after the 48-month limit has been reached, the recipient shall
25participate in community service or subsidized employment, as
26described in Section 11322.63.

27(b) This section shall become inoperative on July 1, 2016, and,
28as of January 1, 2017, is repealed, unless a later enacted statute,
29that becomes operative on or before January 1, 2017, deletes or
30extends the dates on which it becomes inoperative and is repealed.

31

SEC. 5.  

Section 11320.15 is added to the Welfare and
32Institutions Code
, to read:

33

11320.15.  

(a) After a participant has been removed from the
34assistance unit under subdivision (a) of Section 11454, additional
35welfare-to-work services may be provided to the recipient, at the
36option of the county. If the county provides services to the recipient
37after the 48-month limit has been reached, the recipient shall
38participate in community service or subsidized employment, as
39described in Section 11322.64.

40(b) This section shall become operative on July 1, 2016.

P59   1

SEC. 6.  

Section 11320.32 of the Welfare and Institutions Code
2 is amended to read:

3

11320.32.  

(a) The department shall administer a voluntary
4Temporary Assistance Program (TAP) for current and future
5CalWORKs recipients who meet the exemption criteria for work
6participation activities set forth in Section 11320.3 and are not
7single parents who have a child under the age of one year.
8Temporary Assistance Program recipients shall be entitled to the
9same assistance payments and other benefits as recipients under
10the CalWORKs program. The purpose of this program is to provide
11cash assistance and other benefits to eligible families without any
12federal restrictions or requirements and without any adverse impact
13on recipients. The Temporary Assistance Program shall commence
14no later than October 1, 2016.

15(b) CalWORKs recipients who meet the exemption criteria for
16work participation activities set forth in subdivision (b) of Section
1711320.3, and are not single parents with a child under one year of
18age, shall have the option of receiving grant payments, child care,
19and transportation services from the Temporary Assistance
20Program. The department shall notify all CalWORKs recipients
21and applicants meeting the exemption criteria specified in
22subdivision (b) of Section 11320.3, except for single parents with
23a child under the age of one year, of their option to receive benefits
24under the Temporary Assistance Program. Absent written
25indication that these recipients or applicants choose not to receive
26assistance from the Temporary Assistance Program, the department
27shall enroll CalWORKs recipients and applicants into the program.
28However, exempt volunteers shall remain in the CalWORKs
29program unless they affirmatively indicate, in writing, their interest
30in enrolling in the Temporary Assistance Program. A Temporary
31Assistance Program recipient who no longer meets the exemption
32criteria set forth in Section 11320.3 shall be enrolled in the
33CalWORKs program.

34(c) Funding for grant payments, child care, transportation, and
35eligibility determination activities for families receiving benefits
36under the Temporary Assistance Program shall be funded with
37General Fund resources that do not count toward the state’s
38maintenance of effort requirements under clause (i) of subparagraph
39(B) of paragraph (7) of subdivision (a) of Section 609 of Title 42
40of the United States Code, up to the caseload level equivalent to
P60   1the amount of funding provided for this purpose in the annual
2Budget Act.

3(d) It is the intent of the Legislature that recipients shall have
4and maintain access to the hardship exemption and the services
5necessary to begin and increase participation in welfare-to-work
6activities, regardless of their county of origin, and that the number
7of recipients exempt under subdivision (b) of Section 11320.3 not
8significantly increase due to factors other than changes in caseload
9characteristics. All relevant state law applicable to CalWORKs
10recipients shall also apply to families funded under this section.
11This section does not modify the criteria for exemption in Section
1211320.3.

13(e) To the extent that this section is inconsistent with federal
14regulations regarding implementation of the Deficit Reduction Act
15of 2005, the department may amend the funding structure for
16exempt families to ensure consistency with these regulations, not
17later than 30 days after providing written notification to the chair
18of the Joint Legislative Budget Committee and the chairs of the
19appropriate policy and fiscal committees of the Legislature.

20(f) This section shall become inoperative on June 30, 2016.

21

SEC. 7.  

Section 11322.63 of the Welfare and Institutions Code
22 is amended to read:

23

11322.63.  

(a) For counties that implement a welfare-to-work
24plan that includes subsidized private sector or public sector
25employment activities, the State Department of Social Services
26shall pay the county 50 percent, less one hundred thirteen dollars
27($113), of the total wage costs of an employee for whom a wage
28subsidy is paid, subject to all of the following conditions:

29(1) (A) For participants receiving CalWORKs aid, the maximum
30state contribution of the total wage cost shall not exceed 100
31percent of the computed grant for the assistance unit in the month
32prior to participation in subsidized employment.

33(B) For participants who have received aid in excess of the time
34limits provided in subdivision (a) of Section 11454, the maximum
35state contribution of the total wage cost shall not exceed 100
36percent of the computed grant for the assistance unit in the month
37prior to participation in subsidized employment.

38(C) In the case of an individual who participates in subsidized
39employment as a service provided by a county pursuant to Section
4011323.25, the maximum state contribution of the total wage cost
P61   1shall not exceed 100 percent of the computed grant that the
2assistance unit received in the month prior to participation in the
3subsidized employment.

4(D) The maximum state contribution, as defined in this
5paragraph, shall remain in effect until the end of the subsidy period
6as specified in paragraph (2), including with respect to subsidized
7employment participants whose wage results in the assistance unit
8no longer receiving a CalWORKs grant.

9(E) State funding provided for total wage costs shall only be
10used to fund wage and nonwage costs of the county’s subsidized
11employment program.

12(2) State participation in the total wage costs pursuant to this
13section shall be limited to a maximum of six months of wage
14subsidies for each participant. If the county finds that a longer
15subsidy period is necessary in order to mutually benefit the
16employer and the participant, state participation in a subsidized
17wage may be offered for up to 12 months.

18(3) Eligibility for entry into subsidized employment funded
19 under this section shall be limited to individuals who are not
20otherwise employed at the time of entry into the subsidized job,
21and who are current CalWORKs recipients, sanctioned individuals,
22or individuals described in Section 11320.15 who have exceeded
23the time limits specified in subdivision (a) of Section 11454. A
24county may continue to provide subsidized employment funded
25under this section to individuals who become ineligible for
26CalWORKs benefits in accordance with Section 11323.25.

27(b) Upon application for CalWORKs after a participant’s
28subsidized employment ends, if an assistance unit is otherwise
29eligible within three calendar months of the date that subsidized
30employment ended, the income exemption requirements contained
31in Section 11451.5 and the work requirements contained in
32subdivision (c) of Section 11201 shall apply. If aid is restored after
33the expiration of that three-month period, the income exemption
34requirements contained in Section 11450.12 and the work
35requirements contained in subdivision (b) of Section 11201 shall
36apply.

37(c) The department, in conjunction with representatives of
38county welfare offices and their directors and the Legislative
39Analyst’s Office, shall assess the cost neutrality of the subsidized
40employment program pursuant to this section and make
P62   1recommendations to the Legislature, if necessary, to ensure cost
2neutrality. The department shall testify regarding the cost neutrality
3of the subsidized employment program during the 2012-13 fiscal
4year legislative budget hearings.

5(d) No later than January 10, 2013, the State Department of
6Social Services shall submit a report to the Legislature on the
7outcomes of implementing this section that shall include, but need
8not be limited to, all of the following:

9(1) The number of CalWORKs recipients that entered subsidized
10employment.

11(2) The number of CalWORKs recipients who found
12nonsubsidized employment after the subsidy ends.

13(3) The earnings of the program participants before and after
14the subsidy.

15(4) The impact of this program on the state’s work participation
16rate.

17(e) Payment of the state’s share in total wage costs required by
18this section shall be made in addition to, and independent of, the
19county allocations made pursuant to Section 15204.2.

20(f) (1) A county that accepts additional funding for expanded
21subsidized employment for CalWORKs recipients in accordance
22with Section 11322.64 shall continue to expend no less than the
23aggregate amount of funding received by the county pursuant to
24Section 15204.2 that the county expended on subsidized
25employment pursuant to this section in the 2012-13 fiscal year.

26(2) This subdivision shall not apply for any fiscal year in which
27the total CalWORKs caseload is projected by the department to
28increase more than 5 percent of the total actual CalWORKs
29caseload in the 2012-13 fiscal year.

30(g) For purposes of this section, “total wage costs” include the
31actual wage paid directly to the participant that is allowable under
32the Temporary Assistance for Needy Families program.

33(h) This section shall become inoperative on July 1, 2016, and,
34as of January 1, 2017, is repealed, unless a later enacted statute,
35that becomes operative on or before January 1, 2017, deletes or
36extends the dates on which it becomes inoperative and is repealed.

37

SEC. 8.  

Section 11322.64 of the Welfare and Institutions Code
38 is amended to read:

39

11322.64.  

(a) (1) The department, in consultation with the
40County Welfare Directors Association of California, shall develop
P63   1an allocation methodology to distribute additional funding for
2expanded subsidized employment programs for CalWORKs
3recipients.

4(2) Funds allocated pursuant to this section may be utilized to
5cover all expenditures related to the operational costs of the
6expanded subsidized employment program, including the cost of
7overseeing the program, developing work sites, and providing
8training to participants, as well as wage and nonwage costs.

9(3) The department, in consultation with the County Welfare
10Directors Association of California, shall determine the amount
11or proportion of funding allocated pursuant to this section that may
12be utilized for operational costs, consistent with the number of
13employment slots anticipated to be created and the funding
14provided.

15(b) Funds allocated for expanded subsidized employment shall
16be in addition to, and independent of, the county allocations made
17pursuant to Section 15204.2 and shall not be used by a county to
18fund subsidized employment pursuant to Section 11322.63.

19(c) Each county shall submit to the department a plan regarding
20how it intends to utilize the funds allocated pursuant to this section.

21(d) (1) Participation in subsidized employment pursuant to this
22section shall be limited to a maximum of six months for each
23participant.

24(2) Notwithstanding paragraph (1), a county may extend
25participation beyond the six-month limitation described in
26paragraph (1) for up to an additional three months at a time, to a
27maximum of no more than 12 total months. Extensions may be
28granted pursuant to this paragraph if the county determines that
29the additional time will increase the likelihood of either of the
30following:

31(A) The participant obtaining unsubsidized employment with
32the participating employer.

33(B) The participant obtaining specific skills and experiences
34relevant for unsubsidized employment in a particular field.

35(e) A county may continue to provide subsidized employment
36funded under this section to individuals who become ineligible for
37CalWORKs benefits in accordance with Section 11323.25.

38(f) Upon application for CalWORKs assistance after a
39participant’s subsidized employment ends, if an assistance unit is
40otherwise eligible within three calendar months of the date that
P64   1subsidized employment ended, the income exemption requirements
2contained in Section 11451.5 and the work requirements contained
3in subdivision (c) of Section 11201 shall apply. If aid is restored
4after the expiration of that three-month period, the income
5exemption requirements contained in Section 11450.12 and the
6work requirements contained in subdivision (b) of Section 11201
7shall apply.

8(g) No later than April 1, 2015, the State Department of Social
9Services shall submit at least the following information regarding
10implementation of this section to the Legislature:

11(1) The number of CalWORKs recipients that entered subsidized
12 employment.

13(2) The number of CalWORKs recipients who found
14nonsubsidized employment after the subsidy ends.

15(3) The earnings of the program participants before and after
16the subsidy.

17(4) The impact of this program on the state’s work participation
18rate.

19(h) This section shall become inoperative on July 1 2016, and,
20as of January 1, 2017, is repealed, unless a later enacted statute,
21that becomes operative on or before January 1, 2017, deletes or
22extends the dates on which it becomes inoperative and is repealed.

23

SEC. 9.  

Section 11322.64 is added to the Welfare and
24Institutions Code
, to read:

25

11322.64.  

(a) (1) The department, in consultation with the
26County Welfare Directors Association of California, shall develop
27an allocation methodology to distribute additional funding for
28expanded subsidized employment programs for CalWORKs
29recipients, or individuals described in Section 11320.15 who have
30exceeded the time limits specified in subdivision (a) of Section
3111454.

32(2) Funds allocated pursuant to this section may be utilized to
33cover all expenditures related to the operational costs of the
34expanded subsidized employment program, including the cost of
35overseeing the program, developing work sites, and providing
36training to participants, as well as wage and nonwage costs.

37(3) The department, in consultation with the County Welfare
38Directors Association of California, shall determine the amount
39or proportion of funding allocated pursuant to this section that may
40be utilized for operational costs, consistent with the number of
P65   1employment slots anticipated to be created and the funding
2provided.

3(b) Funds allocated for expanded subsidized employment shall
4be in addition to, and independent of, the county allocations made
5pursuant to Section 15204.2.

6(c) (1) A county that accepts additional funding for expanded
7subsidized employment in accordance with this section shall
8continue to expend no less than the aggregate amount of funding
9received by the county pursuant to Section 15204.2 that the county
10expended on subsidized employment in the 2012-13 fiscal year
11pursuant to Section 11322.63, as that section read on June 30,
122016.

13(2) This subdivision shall not apply for any fiscal year in which
14the total CalWORKs caseload is projected by the department to
15increase by more than 5 percent of the total actual CalWORKs
16caseload in the 2012-13 fiscal year.

17(d) Each county shall submit to the department a plan regarding
18how it intends to utilize the funds allocated pursuant to this section.

19(e) (1) Participation in subsidized employment pursuant to this
20section shall be limited to a maximum of six months for each
21participant.

22(2) Notwithstanding paragraph (1), a county may extend
23participation beyond the six-month limitation described in
24paragraph (1) for up to an additional three months at a time, to a
25 maximum of no more than 12 total months. Extensions may be
26granted pursuant to this paragraph if the county determines that
27the additional time will increase the likelihood of either of the
28following:

29(A) The participant obtaining unsubsidized employment with
30the participating employer.

31(B) The participant obtaining specific skills and experiences
32relevant for unsubsidized employment in a particular field.

33(f) A county may continue to provide subsidized employment
34funded under this section to individuals who become ineligible for
35CalWORKs benefits in accordance with Section 11323.25.

36(g) Upon application for CalWORKs assistance after a
37participant’s subsidized employment ends, if an assistance unit is
38otherwise eligible within three calendar months of the date that
39subsidized employment ended, the income exemption requirements
40contained in Section 11451.5 and the work requirements contained
P66   1in subdivision (c) of Section 11201 shall apply. If aid is restored
2after the expiration of that three-month period, the income
3exemption requirements contained in Section 11450.12 and the
4work requirements contained in subdivision (b) of Section 11201
5shall apply.

6(h) No later than April 1, 2015, the State Department of Social
7Services shall submit at least the following information regarding
8implementation of this section to the Legislature:

9(1) The number of CalWORKs recipients that entered subsidized
10employment.

11(2) The number of CalWORKs recipients who found
12nonsubsidized employment after the subsidy ends.

13(3) The earnings of the program participants before and after
14the subsidy.

15(4) The impact of this program on the state’s work participation
16rate.

17(i) This section shall become operative on July 1, 2016.

18

SEC. 10.  

Section 11322.83 is added to the Welfare and
19Institutions Code
, immediately following Section 11322.8, to read:

20

11322.83.  

(a) A recipient who is making satisfactory progress
21in a career pathway program established in accordance with the
22federal Workforce Innovation and Opportunity Act (Public Law
23113-128) shall be deemed to be in compliance with the hourly
24participation requirements described in subdivision (a) of Section
2511322.8.

26(b) Subdivision (a) applies only if a local workforce
27development board established under Section 3122 of Title 29 of
28the United States Code provides its approval that the career
29pathway program meets the requirements of Section 3102(7) of
30Title 29 of the United States Code and the county verifies that the
31recipient is making satisfactory progress in that program.

32

SEC. 11.  

Section 11323.25 of the Welfare and Institutions
33Code
is amended to read:

34

11323.25.  

(a) In addition to its authority under subdivision (b)
35of Section 11323.2, if provided in a county plan, the county may
36continue to provide welfare-to-work services to former participants
37who became ineligible for CalWORKs benefits because they
38became employed under Section 11322.63 or 11322.64. The county
39may provide these services for up to the first 12 months of
40employment, to the extent they are not available from other sources
P67   1and are needed for the individual to retain the subsidized
2employment.

3(b) This section shall become inoperative on July 1 2016, and,
4as of January 1, 2017, is repealed, unless a later enacted statute,
5that becomes operative on or before January 1, 2017, deletes or
6extends the dates on which it becomes inoperative and is repealed.

7

SEC. 12.  

Section 11323.25 is added to the Welfare and
8Institutions Code
, to read:

9

11323.25.  

(a) In addition to its authority under subdivision (b)
10of Section 11323.2, if provided in a county plan, the county may
11continue to provide welfare-to-work services to former participants
12who became ineligible for CalWORKs benefits because they
13became employed under Section 11322.64. The county may
14provide these services for up to the first 12 months of employment,
15to the extent they are not available from other sources and are
16needed for the individual to retain the subsidized employment.

17(b) This section shall become operative on July 1, 2016.

18

SEC. 13.  

Section 11402 of the Welfare and Institutions Code,
19as amended by Section 65 of Chapter 773 of the Statutes of 2015,
20is amended to read:

21

11402.  

In order to be eligible for AFDC-FC, a child or
22nonminor dependent shall be placed in one of the following:

23(a) Prior to January 1, 2019, the approved home of a relative,
24provided the child or youth is otherwise eligible for federal
25financial participation in the AFDC-FC payment.

26(b) (1) Prior to January 1, 2019, the licensed family home of a
27nonrelative.

28(2) Prior to January 1, 2019, the approved home of a nonrelative
29extended family member as described in Section 362.7.

30(c) The approved home of a resource family, as defined in
31Section 16519.5, if either of the following is true:

32(1) The caregiver is a nonrelative.

33(2) The caregiver is a relative, and the child or youth is otherwise
34eligible for federal financial participation in the AFDC-FC
35payment.

36(d) A licensed group home, as defined in subdivision (h) of
37Section 11400, excluding a runaway and homeless youth shelter
38as defined in subdivision (ab) of Section 11400, provided that the
39placement worker has documented that the placement is necessary
P68   1to meet the treatment needs of the child or youth and that the
2facility offers those treatment services.

3(e) The home of a nonrelated legal guardian or the home of a
4former nonrelated legal guardian when the guardianship of a child
5or youth who is otherwise eligible for AFDC-FC has been
6dismissed due to the child or youth attaining 18 years of age.

7(f) An exclusive-use home.

8(g) A housing model certified by a licensed transitional housing
9placement provider as described in Section 1559.110 of the Health
10and Safety Code and as defined in subdivision (r) of Section 11400.

11(h) An out-of-state group home, provided that the placement
12worker, in addition to complying with all other statutory
13requirements for placing a child or youth in an out-of-state group
14home, documents that the requirements of Section 7911.1 of the
15Family Code have been met.

16(i) An approved supervised independent living setting for
17nonminor dependents, as defined in subdivision (w) of Section
1811400.

19(j) This section shall remain in effect only until January 1, 2017,
20and as of that date is repealed, unless a later enacted statute, that
21is enacted before January 1, 2017, deletes or extends that date.

22

SEC. 14.  

Section 11402 of the Welfare and Institutions Code,
23as added by Section 66 of Chapter 773 of the Statutes of 2015, is
24amended to read:

25

11402.  

In order to be eligible for AFDC-FC, a child or
26nonminor dependent shall be placed in one of the following:

27(a) Prior to January 1, 2019, the approved home of a relative,
28provided the child or youth is otherwise eligible for federal
29financial participation in the AFDC-FC payment.

30(b) (1) Prior to January 1, 2019, the home of a nonrelated legal
31guardian or the home of a former nonrelated legal guardian when
32the guardianship of a child or youth who is otherwise eligible for
33AFDC-FC has been dismissed due to the child or youth attaining
3418 years of age.

35(2) Prior to January 1, 2019, the approved home of a nonrelative
36extended family member, as described in Section 362.7.

37(c) (1) Prior to January 1, 2019, the licensed family home of a
38nonrelative.

39(2) The approved home of a resource family, as defined in
40Section 16519.5, if either of the following is true:

P69   1(A) The caregiver is a nonrelative.

2(B) The caregiver is a relative, and the child or youth is
3otherwise eligible for federal financial participation in the
4AFDC-FC payment.

5(d) (1) A housing model certified by a licensed transitional
6housing placement provider, as described in Section 1559.110 of
7the Health and Safety Code, and as defined in subdivision (r) of
8Section 11400.

9(2) An approved supervised independent living setting for
10nonminor dependents, as defined in subdivision (w) of Section
1111400.

12(e) A licensed foster family agency, as defined in subdivision
13(g) of Section 11400 and paragraph (4) of subdivision (a) of Section
141502 of the Health and Safety Code, for placement into a certified
15or approved home.

16(f) A short-term residential treatment center licensed as a
17community care facility, as defined in subdivision (ad) of Section
1811400 and paragraph (18) of subdivision (a) of Section 1502 of
19the Health and Safety Code.

20(g) An out-of-state group home that meets the requirements of
21paragraph (2) of subdivision (c) of Section 11460, provided that
22the placement worker, in addition to complying with all other
23 statutory requirements for placing a child or youth in an out-of-state
24group home, documents that the requirements of Section 7911.1
25of the Family Code have been met.

26(h) A community treatment facility set forth in Article 5
27(commencing with Section 4094) of Chapter 3 of Part 1 of Division
284.

29(i) This section shall become operative on January 1, 2017.

30

SEC. 15.  

Section 11450 of the Welfare and Institutions Code
31 is amended to read:

32

11450.  

(a) (1) (A) Aid shall be paid for each needy family,
33which shall include all eligible brothers and sisters of each eligible
34applicant or recipient child and the parents of the children, but
35shall not include unborn children, or recipients of aid under Chapter
363 (commencing with Section 12000), qualified for aid under this
37chapter. In determining the amount of aid paid, and notwithstanding
38the minimum basic standards of adequate care specified in Section
3911452, the family’s income, exclusive of any amounts considered
40exempt as income or paid pursuant to subdivision (e) or Section
P70   111453.1, determined for the prospective semiannual period
2pursuant to Sections 11265.1, 11265.2, and 11265.3, and then
3calculated pursuant to Section 11451.5, shall be deducted from
4the sum specified in the following table, as adjusted for
5cost-of-living increases pursuant to Section 11453 and paragraph
6(2). In no case shall the amount of aid paid for each month exceed
7the sum specified in the following table, as adjusted for
8cost-of-living increases pursuant to Section 11453 and paragraph
9(2), plus any special needs, as specified in subdivisions (c), (e),
10and (f):


11

 

 Number of
 eligible needy
 persons in
the same home

Maximum
aid

1   

$  326

2   

   535

3   

   663

4   

   788

5   

   899

6   

 1,010

7   

 1,109

8   

 1,209

9   

 1,306

10 or more   

 1,403

P70  26

 

27(B) If, when, and during those times that the United States
28government increases or decreases its contributions in assistance
29of needy children in this state above or below the amount paid on
30July 1, 1972, the amounts specified in the above table shall be
31increased or decreased by an amount equal to that increase or
32decrease by the United States government, provided that no
33increase or decrease shall be subject to subsequent adjustment
34pursuant to Section 11453.

35(2) The sums specified in paragraph (1) shall not be adjusted
36for cost of living for the 1990-91, 1991-92, 1992-93, 1993-94,
371994-95, 1995-96, 1996-97, and 1997-98 fiscal years, and through
38October 31, 1998, nor shall that amount be included in the base
39for calculating any cost-of-living increases for any fiscal year
40thereafter. Elimination of the cost-of-living adjustment pursuant
P71   1to this paragraph shall satisfy the requirements of Section 11453.05,
2and no further reduction shall be made pursuant to that section.

3(b) (1) When the family does not include a needy child qualified
4for aid under this chapter, aid shall be paid to a pregnant child who
5is 18 years of age or younger at any time after verification of
6pregnancy, in the amount that would otherwise be paid to one
7person, as specified in subdivision (a), if the child and her child,
8if born, would have qualified for aid under this chapter. Verification
9of pregnancy shall be required as a condition of eligibility for aid
10under this subdivision.

11(2) Notwithstanding paragraph (1), when the family does not
12include a needy child qualified for aid under this chapter, aid shall
13be paid to a pregnant woman for the month in which the birth is
14anticipated and for the six-month period immediately prior to the
15month in which the birth is anticipated, in the amount that would
16otherwise be paid to one person, as specified in subdivision (a), if
17the woman and child, if born, would have qualified for aid under
18this chapter. Verification of pregnancy shall be required as a
19condition of eligibility for aid under this subdivision.

20(3) Paragraph (1) shall apply only when the Cal-Learn Program
21is operative.

22(c) The amount of forty-seven dollars ($47) per month shall be
23paid to pregnant women qualified for aid under subdivision (a) or
24(b) to meet special needs resulting from pregnancy if the woman
25and child, if born, would have qualified for aid under this chapter.
26County welfare departments shall refer all recipients of aid under
27this subdivision to a local provider of the Women, Infants, and
28Children program. If that payment to pregnant women qualified
29for aid under subdivision (a) is considered income under federal
30law in the first five months of pregnancy, payments under this
31subdivision shall not apply to persons eligible under subdivision
32(a), except for the month in which birth is anticipated and for the
33three-month period immediately prior to the month in which
34delivery is anticipated, if the woman and child, if born, would have
35qualified for aid under this chapter.

36(d) For children receiving AFDC-FC under this chapter, there
37shall be paid, exclusive of any amount considered exempt as
38income, an amount of aid each month that, when added to the
39child’s income, is equal to the rate specified in Section 11460,
P72   111461, 11462, 11462.1, or 11463. In addition, the child shall be
2eligible for special needs, as specified in departmental regulations.

3(e) In addition to the amounts payable under subdivision (a)
4and Section 11453.1, a family shall be entitled to receive an
5allowance for recurring special needs not common to a majority
6of recipients. These recurring special needs shall include, but not
7be limited to, special diets upon the recommendation of a physician
8for circumstances other than pregnancy, and unusual costs of
9transportation, laundry, housekeeping services, telephone, and
10utilities. The recurring special needs allowance for each family
11per month shall not exceed that amount resulting from multiplying
12the sum of ten dollars ($10) by the number of recipients in the
13family who are eligible for assistance.

14(f) After a family has used all available liquid resources, both
15exempt and nonexempt, in excess of one hundred dollars ($100),
16with the exception of funds deposited in a restricted account
17described in subdivision (a) of Section 11155.2, the family shall
18also be entitled to receive an allowance for nonrecurring special
19needs.

20(1) An allowance for nonrecurring special needs shall be granted
21for replacement of clothing and household equipment and for
22emergency housing needs other than those needs addressed by
23paragraph (2). These needs shall be caused by sudden and unusual
24circumstances beyond the control of the needy family. The
25department shall establish the allowance for each of the
26nonrecurring special needs items. The sum of all nonrecurring
27special needs provided by this subdivision shall not exceed six
28hundred dollars ($600) per event.

29(2) (A) Homeless assistance is available to a homeless family
30seeking shelter when the family is eligible for aid under this
31chapter. Homeless assistance for temporary shelter is also available
32to homeless families that are apparently eligible for aid under this
33chapter. Apparent eligibility exists when evidence presented by
34the applicant, or that is otherwise available to the county welfare
35department, and the information provided on the application
36documents indicate that there would be eligibility for aid under
37this chapter if the evidence and information were verified.
38However, an alien applicant who does not provide verification of
39his or her eligible alien status, or a woman with no eligible children
P73   1who does not provide medical verification of pregnancy, is not
2apparently eligible for purposes of this section.

3(B) A family is considered homeless, for the purpose of this
4section, when the family lacks a fixed and regular nighttime
5residence; or the family has a primary nighttime residence that is
6a supervised publicly or privately operated shelter designed to
7provide temporary living accommodations; or the family is residing
8in a public or private place not designed for, or ordinarily used as,
9a regular sleeping accommodation for human beings. A family is
10also considered homeless for the purpose of this section if the
11family has received a notice to pay rent or quit. The family shall
12demonstrate that the eviction is the result of a verified financial
13hardship as a result of extraordinary circumstances beyond their
14control, and not other lease or rental violations, and that the family
15is experiencing a financial crisis that could result in homelessness
16if preventative assistance is not provided.

17(3)  (A) (i) A nonrecurring special needs benefit of sixty-five
18dollars ($65) a day shall be available to families of up to four
19members for the costs of temporary shelter, subject to the
20requirements of this paragraph. The fifth and additional members
21of the family shall each receive fifteen dollars ($15) per day, up
22to a daily maximum of one hundred twenty-five dollars ($125).
23County welfare departments may increase the daily amount
24available for temporary shelter as necessary to secure the additional
25bedspace needed by the family.

26(ii) This special needs benefit shall be granted or denied
27immediately upon the family’s application for homeless assistance,
28and benefits shall be available for up to three working days. The
29county welfare department shall verify the family’s homelessness
30within the first three working days and if the family meets the
31criteria of questionable homelessness established by the
32department, the county welfare department shall refer the family
33to its early fraud prevention and detection unit, if the county has
34such a unit, for assistance in the verification of homelessness within
35this period.

36(iii) After homelessness has been verified, the three-day limit
37shall be extended for a period of time which, when added to the
38initial benefits provided, does not exceed a total of 16 calendar
39days. This extension of benefits shall be done in increments of one
40week and shall be based upon searching for permanent housing
P74   1which shall be documented on a housing search form, good cause,
2or other circumstances defined by the department. Documentation
3of a housing search shall be required for the initial extension of
4benefits beyond the three-day limit and on a weekly basis thereafter
5as long as the family is receiving temporary shelter benefits. Good
6cause shall include, but is not limited to, situations in which the
7county welfare department has determined that the family, to the
8extent it is capable, has made a good faith but unsuccessful effort
9to secure permanent housing while receiving temporary shelter
10benefits.

11(B) (i) A nonrecurring special needs benefit for permanent
12housing assistance is available to pay for last month’s rent and
13security deposits when these payments are reasonable conditions
14of securing a residence, or to pay for up to two months of rent
15arrearages, when these payments are a reasonable condition of
16preventing eviction.

17(ii) The last month’s rent or monthly arrearage portion of the
18payment (I) shall not exceed 80 percent of the family’s total
19monthly household income without the value of CalFresh benefits
20or special needs benefit for a family of that size and (II) shall only
21be made to families that have found permanent housing costing
22no more than 80 percent of the family’s total monthly household
23income without the value of CalFresh benefits or special needs
24benefit for a family of that size.

25(iii) However, if the county welfare department determines that
26a family intends to reside with individuals who will be sharing
27housing costs, the county welfare department shall, in appropriate
28circumstances, set aside the condition specified in subclause (II)
29of clause (ii).

30(C) The nonrecurring special needs benefit for permanent
31housing assistance is also available to cover the standard costs of
32deposits for utilities which are necessary for the health and safety
33of the family.

34(D) A payment for or denial of permanent housing assistance
35shall be issued no later than one working day from the time that a
36family presents evidence of the availability of permanent housing.
37If an applicant family provides evidence of the availability of
38permanent housing before the county welfare department has
39established eligibility for aid under this chapter, the county welfare
40department shall complete the eligibility determination so that the
P75   1denial of or payment for permanent housing assistance is issued
2within one working day from the submission of evidence of the
3availability of permanent housing, unless the family has failed to
4provide all of the verification necessary to establish eligibility for
5aid under this chapter.

6(E) (i) Except as provided in clauses (ii) and (iii), eligibility
7for the temporary shelter assistance and the permanent housing
8assistance pursuant to this paragraph shall be limited to one period
9of up to 16 consecutive calendar days of temporary assistance and
10one payment of permanent assistance. Any family that includes a
11parent or nonparent caretaker relative living in the home who has
12previously received temporary or permanent homeless assistance
13at any time on behalf of an eligible child shall not be eligible for
14further homeless assistance. Any person who applies for homeless
15assistance benefits shall be informed that the temporary shelter
16benefit of up to 16 consecutive days is available only once in a
17lifetime, with certain exceptions, and that a break in the consecutive
18use of the benefit constitutes permanent exhaustion of the
19temporary benefit.

20(ii) A family that becomes homeless as a direct and primary
21result of a state or federally declared natural disaster shall be
22eligible for temporary and permanent homeless assistance.

23(iii) A family shall be eligible for temporary and permanent
24homeless assistance when homelessness is a direct result of
25domestic violence by a spouse, partner, or roommate; physical or
26mental illness that is medically verified that shall not include a
27diagnosis of alcoholism, drug addiction, or psychological stress;
28or the uninhabitability of the former residence caused by sudden
29and unusual circumstances beyond the control of the family
30including natural catastrophe, fire, or condemnation. These
31circumstances shall be verified by a third-party governmental or
32private health and human services agency, except that domestic
33violence may also be verified by a sworn statement by the victim,
34as provided under Section 11495.25. Homeless assistance payments
35based on these specific circumstances may not be received more
36often than once in any 12-month period. In addition, if the domestic
37violence is verified by a sworn statement by the victim, the
38homeless assistance payments shall be limited to two periods of
39not more than 16 consecutive calendar days of temporary assistance
40and two payments of permanent assistance. A county may require
P76   1that a recipient of homeless assistance benefits who qualifies under
2this paragraph for a second time in a 24-month period participate
3in a homelessness avoidance case plan as a condition of eligibility
4for homeless assistance benefits. The county welfare department
5shall immediately inform recipients who verify domestic violence
6by a sworn statement of the availability of domestic violence
7counseling and services, and refer those recipients to services upon
8request.

9(iv) If a county requires a recipient who verifies domestic
10violence by a sworn statement to participate in a homelessness
11avoidance case plan pursuant to clause (iii), the plan shall include
12the provision of domestic violence services, if appropriate.

13(v) If a recipient seeking homeless assistance based on domestic
14violence pursuant to clause (iii) has previously received homeless
15avoidance services based on domestic violence, the county shall
16review whether services were offered to the recipient and consider
17what additional services would assist the recipient in leaving the
18domestic violence situation.

19(vi) The county welfare department shall report necessary data
20to the department through a statewide homeless assistance payment
21indicator system, as requested by the department, regarding all
22recipients of aid under this paragraph.

23(F) The county welfare departments, and all other entities
24participating in the costs of the CalWORKs program, have the
25right in their share to any refunds resulting from payment of the
26permanent housing. However, if an emergency requires the family
27to move within the 12-month period specified in subparagraph
28(E), the family shall be allowed to use any refunds received from
29its deposits to meet the costs of moving to another residence.

30(G) Payments to providers for temporary shelter and permanent
31housing and utilities shall be made on behalf of families requesting
32these payments.

33(H) The daily amount for the temporary shelter special needs
34benefit for homeless assistance may be increased if authorized by
35the current year’s Budget Act by specifying a different daily
36allowance and appropriating the funds therefor.

37(I) No payment shall be made pursuant to this paragraph unless
38the provider of housing is a commercial establishment, shelter, or
39person in the business of renting properties who has a history of
40renting properties.

P77   1(g) The department shall establish rules and regulations ensuring
2the uniform statewide application of this section.

3(h) The department shall notify all applicants and recipients of
4aid through the standardized application form that these benefits
5are available and shall provide an opportunity for recipients to
6apply for the funds quickly and efficiently.

7(i) (A) Except for the purposes of Section 15200, the amounts
8payable to recipients pursuant to Section 11453.1 shall not
9constitute part of the payment schedule set forth in subdivision
10(a).

11(B) The amounts payable to recipients pursuant to Section
1211453.1 shall not constitute income to recipients of aid under this
13section.

14(j) For children receiving Kin-GAP pursuant to Article 4.5
15(commencing with Section 11360) or Article 4.7 (commencing
16with Section 11385) there shall be paid, exclusive of any amount
17considered exempt as income, an amount of aid each month, which,
18when added to the child’s income, is equal to the rate specified in
19Sections 11364 and 11387.

20(k) (1) A county shall implement the semiannual reporting
21requirements in accordance with Chapter 501 of the Statutes of
222011 no later than October 1, 2013.

23(2) Upon completion of the implementation described in
24paragraph (1), each county shall provide a certificate to the director
25certifying that semiannual reporting has been implemented in the
26county.

27(3) Upon filing the certificate described in paragraph (2), a
28county shall comply with the semiannual reporting provisions of
29this section.

30(l) This section shall become operative on July 1, 2015.

31(m) This section shall remain in effect only until January 1,
322017, and as of that date is repealed, unless a later enacted statute,
33that is enacted before January 1, 2017, deletes or extends that date.

34

SEC. 16.  

Section 11450 is added to the Welfare and Institutions
35Code
, to read:

36

11450.  

(a) (1) (A) Aid shall be paid for each needy family,
37which shall include all eligible brothers and sisters of each eligible
38applicant or recipient child and the parents of the children, but
39shall not include unborn children, or recipients of aid under Chapter
403 (commencing with Section 12000), qualified for aid under this
P78   1chapter. In determining the amount of aid paid, and notwithstanding
2the minimum basic standards of adequate care specified in Section
311452, the family’s income, exclusive of any amounts considered
4exempt as income or paid pursuant to subdivision (e) or Section
511453.1, determined for the prospective semiannual period
6pursuant to Sections 11265.1, 11265.2, and 11265.3, and then
7calculated pursuant to Section 11451.5, shall be deducted from
8the sum specified in the following table, as adjusted for
9cost-of-living increases pursuant to Section 11453 and paragraph
10(2). In no case shall the amount of aid paid for each month exceed
11the sum specified in the following table, as adjusted for
12cost-of-living increases pursuant to Section 11453 and paragraph
13(2), plus any special needs, as specified in subdivisions (c), (e),
14and (f):


15

 

 Number of
 eligible needy
 persons in
the same home

Maximum
aid

1   

$  326

2   

   535

3   

   663

4   

   788

5   

   899

6   

 1,010

7   

 1,109

8   

 1,209

9   

 1,306

10 or more   

 1,403

P78  30

 

31(B) If, when, and during those times that the United States
32government increases or decreases its contributions in assistance
33of needy children in this state above or below the amount paid on
34July 1, 1972, the amounts specified in the above table shall be
35increased or decreased by an amount equal to that increase or
36decrease by the United States government, provided that no
37increase or decrease shall be subject to subsequent adjustment
38pursuant to Section 11453.

39(2) The sums specified in paragraph (1) shall not be adjusted
40for cost of living for the 1990-91, 1991-92, 1992-93, 1993-94,
P79   11994-95, 1995-96, 1996-97, and 1997-98 fiscal years, and through
2October 31, 1998, nor shall that amount be included in the base
3for calculating any cost-of-living increases for any fiscal year
4thereafter. Elimination of the cost-of-living adjustment pursuant
5to this paragraph shall satisfy the requirements of Section 11453.05,
6and no further reduction shall be made pursuant to that section.

7(b) (1) When the family does not include a needy child qualified
8for aid under this chapter, aid shall be paid to a pregnant child who
9is 18 years of age or younger at any time after verification of
10pregnancy, in the amount that would otherwise be paid to one
11person, as specified in subdivision (a), if the child and her child,
12if born, would have qualified for aid under this chapter. Verification
13of pregnancy shall be required as a condition of eligibility for aid
14under this subdivision.

15(2) Notwithstanding paragraph (1), when the family does not
16include a needy child qualified for aid under this chapter, aid shall
17be paid to a pregnant woman for the month in which the birth is
18anticipated and for the six-month period immediately prior to the
19month in which the birth is anticipated, in the amount that would
20otherwise be paid to one person, as specified in subdivision (a), if
21the woman and child, if born, would have qualified for aid under
22this chapter. Verification of pregnancy shall be required as a
23condition of eligibility for aid under this subdivision.

24(3) Paragraph (1) shall apply only when the Cal-Learn Program
25is operative.

26(c) The amount of forty-seven dollars ($47) per month shall be
27paid to pregnant women qualified for aid under subdivision (a) or
28(b) to meet special needs resulting from pregnancy if the woman
29and child, if born, would have qualified for aid under this chapter.
30County welfare departments shall refer all recipients of aid under
31this subdivision to a local provider of the Women, Infants, and
32Children program. If that payment to pregnant women qualified
33for aid under subdivision (a) is considered income under federal
34law in the first five months of pregnancy, payments under this
35subdivision shall not apply to persons eligible under subdivision
36(a), except for the month in which birth is anticipated and for the
37three-month period immediately prior to the month in which
38delivery is anticipated, if the woman and child, if born, would have
39qualified for aid under this chapter.

P80   1(d) For children receiving AFDC-FC under this chapter, there
2shall be paid, exclusive of any amount considered exempt as
3income, an amount of aid each month that, when added to the
4child’s income, is equal to the rate specified in Section 11460,
511461, 11462, 11462.1, or 11463. In addition, the child shall be
6eligible for special needs, as specified in departmental regulations.

7(e) In addition to the amounts payable under subdivision (a)
8and Section 11453.1, a family shall be entitled to receive an
9allowance for recurring special needs not common to a majority
10of recipients. These recurring special needs shall include, but not
11 be limited to, special diets upon the recommendation of a physician
12for circumstances other than pregnancy, and unusual costs of
13transportation, laundry, housekeeping services, telephone, and
14utilities. The recurring special needs allowance for each family
15per month shall not exceed that amount resulting from multiplying
16the sum of ten dollars ($10) by the number of recipients in the
17family who are eligible for assistance.

18(f) After a family has used all available liquid resources, both
19exempt and nonexempt, in excess of one hundred dollars ($100),
20with the exception of funds deposited in a restricted account
21described in subdivision (a) of Section 11155.2, the family shall
22also be entitled to receive an allowance for nonrecurring special
23needs.

24(1) An allowance for nonrecurring special needs shall be granted
25for replacement of clothing and household equipment and for
26emergency housing needs other than those needs addressed by
27paragraph (2). These needs shall be caused by sudden and unusual
28circumstances beyond the control of the needy family. The
29department shall establish the allowance for each of the
30nonrecurring special needs items. The sum of all nonrecurring
31special needs provided by this subdivision shall not exceed six
32hundred dollars ($600) per event.

33(2) (A) Homeless assistance is available to a homeless family
34seeking shelter when the family is eligible for aid under this
35chapter. Homeless assistance for temporary shelter is also available
36to homeless families that are apparently eligible for aid under this
37chapter. Apparent eligibility exists when evidence presented by
38the applicant, or that is otherwise available to the county welfare
39department, and the information provided on the application
40documents indicate that there would be eligibility for aid under
P81   1this chapter if the evidence and information were verified.
2However, an alien applicant who does not provide verification of
3his or her eligible alien status, or a woman with no eligible children
4who does not provide medical verification of pregnancy, is not
5apparently eligible for purposes of this section.

6(B) A family is considered homeless, for the purpose of this
7section, when the family lacks a fixed and regular nighttime
8residence; or the family has a primary nighttime residence that is
9a supervised publicly or privately operated shelter designed to
10provide temporary living accommodations; or the family is residing
11in a public or private place not designed for, or ordinarily used as,
12a regular sleeping accommodation for human beings. A family is
13also considered homeless for the purpose of this section if the
14family has received a notice to pay rent or quit. The family shall
15demonstrate that the eviction is the result of a verified financial
16hardship as a result of extraordinary circumstances beyond their
17control, and not other lease or rental violations, and that the family
18is experiencing a financial crisis that could result in homelessness
19if preventative assistance is not provided.

20(3)  (A) (i) A nonrecurring special needs benefit of sixty-five
21dollars ($65) a day shall be available to families of up to four
22members for the costs of temporary shelter, subject to the
23requirements of this paragraph. The fifth and additional members
24of the family shall each receive fifteen dollars ($15) per day, up
25to a daily maximum of one hundred twenty-five dollars ($125).
26County welfare departments may increase the daily amount
27available for temporary shelter as necessary to secure the additional
28bedspace needed by the family.

29(ii) This special needs benefit shall be granted or denied
30immediately upon the family’s application for homeless assistance,
31and benefits shall be available for up to three working days. The
32county welfare department shall verify the family’s homelessness
33within the first three working days and if the family meets the
34criteria of questionable homelessness established by the
35department, the county welfare department shall refer the family
36to its early fraud prevention and detection unit, if the county has
37such a unit, for assistance in the verification of homelessness within
38this period.

39(iii) After homelessness has been verified, the three-day limit
40shall be extended for a period of time which, when added to the
P82   1initial benefits provided, does not exceed a total of 16 calendar
2days. This extension of benefits shall be done in increments of one
3week and shall be based upon searching for permanent housing
4which shall be documented on a housing search form, good cause,
5or other circumstances defined by the department. Documentation
6of a housing search shall be required for the initial extension of
7benefits beyond the three-day limit and on a weekly basis thereafter
8as long as the family is receiving temporary shelter benefits. Good
9cause shall include, but is not limited to, situations in which the
10county welfare department has determined that the family, to the
11extent it is capable, has made a good faith but unsuccessful effort
12to secure permanent housing while receiving temporary shelter
13benefits.

14(B) (i) A nonrecurring special needs benefit for permanent
15housing assistance is available to pay for last month’s rent and
16security deposits when these payments are reasonable conditions
17of securing a residence, or to pay for up to two months of rent
18arrearages, when these payments are a reasonable condition of
19preventing eviction.

20(ii) The last month’s rent or monthly arrearage portion of the
21payment (I) shall not exceed 80 percent of the family’s total
22monthly household income without the value of CalFresh benefits
23or special needs benefit for a family of that size and (II) shall only
24be made to families that have found permanent housing costing
25no more than 80 percent of the family’s total monthly household
26income without the value of CalFresh benefits or special needs
27benefit for a family of that size.

28(iii) However, if the county welfare department determines that
29a family intends to reside with individuals who will be sharing
30housing costs, the county welfare department shall, in appropriate
31circumstances, set aside the condition specified in subclause (II)
32of clause (ii).

33(C) The nonrecurring special needs benefit for permanent
34housing assistance is also available to cover the standard costs of
35deposits for utilities which are necessary for the health and safety
36of the family.

37(D) A payment for or denial of permanent housing assistance
38shall be issued no later than one working day from the time that a
39family presents evidence of the availability of permanent housing.
40If an applicant family provides evidence of the availability of
P83   1permanent housing before the county welfare department has
2established eligibility for aid under this chapter, the county welfare
3department shall complete the eligibility determination so that the
4denial of or payment for permanent housing assistance is issued
5within one working day from the submission of evidence of the
6availability of permanent housing, unless the family has failed to
7provide all of the verification necessary to establish eligibility for
8aid under this chapter.

9(E) (i) Except as provided in clauses (ii) and (iii), eligibility
10for the temporary shelter assistance and the permanent housing
11assistance pursuant to this paragraph shall be limited to one period
12of up to 16 consecutive calendar days of temporary assistance and
13one payment of permanent assistance every 12 months. A person
14who applies for homeless assistance benefits shall be informed
15that the temporary shelter benefit of up to 16 consecutive days is
16available only once every 12 months, with certain exceptions, and
17that a break in the consecutive use of the benefit constitutes
18exhaustion of the temporary benefit for that 12-month period.

19(ii) A family that becomes homeless as a direct and primary
20result of a state or federally declared natural disaster shall be
21eligible for temporary and permanent homeless assistance.

22(iii) A family shall be eligible for temporary and permanent
23homeless assistance when homelessness is a direct result of
24domestic violence by a spouse, partner, or roommate; physical or
25mental illness that is medically verified that shall not include a
26diagnosis of alcoholism, drug addiction, or psychological stress;
27or, the uninhabitability of the former residence caused by sudden
28and unusual circumstances beyond the control of the family
29including natural catastrophe, fire, or condemnation. These
30circumstances shall be verified by a third-party governmental or
31private health and human services agency, except that domestic
32violence may also be verified by a sworn statement by the victim,
33as provided under Section 11495.25. Homeless assistance payments
34based on these specific circumstances may not be received more
35often than once in any 12-month period. In addition, if the domestic
36violence is verified by a sworn statement by the victim, the
37homeless assistance payments shall be limited to two periods of
38not more than 16 consecutive calendar days of temporary assistance
39and two payments of permanent assistance. A county may require
40that a recipient of homeless assistance benefits who qualifies under
P84   1this paragraph for a second time in a 24-month period participate
2in a homelessness avoidance case plan as a condition of eligibility
3for homeless assistance benefits. The county welfare department
4shall immediately inform recipients who verify domestic violence
5by a sworn statement of the availability of domestic violence
6counseling and services, and refer those recipients to services upon
7request.

8(iv) If a county requires a recipient who verifies domestic
9violence by a sworn statement to participate in a homelessness
10avoidance case plan pursuant to clause (iii), the plan shall include
11the provision of domestic violence services, if appropriate.

12(v) If a recipient seeking homeless assistance based on domestic
13violence pursuant to clause (iii) has previously received homeless
14avoidance services based on domestic violence, the county shall
15review whether services were offered to the recipient and consider
16what additional services would assist the recipient in leaving the
17domestic violence situation.

18(vi) The county welfare department shall report necessary data
19to the department through a statewide homeless assistance payment
20indicator system, as requested by the department, regarding all
21recipients of aid under this paragraph.

22(F) The county welfare departments, and all other entities
23participating in the costs of the CalWORKs program, have the
24right in their share to any refunds resulting from payment of the
25permanent housing. However, if an emergency requires the family
26to move within the 12-month period specified in subparagraph
27(E), the family shall be allowed to use any refunds received from
28its deposits to meet the costs of moving to another residence.

29(G) Payments to providers for temporary shelter and permanent
30housing and utilities shall be made on behalf of families requesting
31these payments.

32(H) The daily amount for the temporary shelter special needs
33benefit for homeless assistance may be increased if authorized by
34the current year’s Budget Act by specifying a different daily
35allowance and appropriating the funds therefor.

36(I) No payment shall be made pursuant to this paragraph unless
37the provider of housing is a commercial establishment, shelter, or
38person in the business of renting properties who has a history of
39renting properties.

P85   1(g) The department shall establish rules and regulations ensuring
2the uniform statewide application of this section.

3(h) The department shall notify all applicants and recipients of
4aid through the standardized application form that these benefits
5are available and shall provide an opportunity for recipients to
6apply for the funds quickly and efficiently.

7(i) (A) Except for the purposes of Section 15200, the amounts
8payable to recipients pursuant to Section 11453.1 shall not
9constitute part of the payment schedule set forth in subdivision
10(a).

11(B) The amounts payable to recipients pursuant to Section
1211453.1 shall not constitute income to recipients of aid under this
13section.

14(j) For children receiving Kin-GAP pursuant to Article 4.5
15(commencing with Section 11360) or Article 4.7 (commencing
16with Section 11385) there shall be paid, exclusive of any amount
17considered exempt as income, an amount of aid each month, which,
18when added to the child’s income, is equal to the rate specified in
19Sections 11364 and 11387.

20(k) (1) A county shall implement the semiannual reporting
21requirements in accordance with Chapter 501 of the Statutes of
222011 no later than October 1, 2013.

23(2) Upon completion of the implementation described in
24paragraph (1), each county shall provide a certificate to the director
25certifying that semiannual reporting has been implemented in the
26county.

27(3) Upon filing the certificate described in paragraph (2), a
28county shall comply with the semiannual reporting provisions of
29this section.

30(l) This section shall become operative on January 1, 2017.

31

SEC. 17.  

Section 11450.025 of the Welfare and Institutions
32Code
is amended to read:

33

11450.025.  

(a) (1) Notwithstanding any other law, effective
34on March 1, 2014, the maximum aid payments in effect on July
351, 2012, as specified in subdivision (b) of Section 11450.02, shall
36be increased by 5 percent.

37(2) Effective April 1, 2015, the maximum aid payments in effect
38on July 1, 2014, as specified in paragraph (1), shall be increased
39by 5 percent.

P86   1(3) Effective October 1, 2016, the maximum aid payments in
2effect on July 1, 2016, as specified in paragraph (2), shall be
3increased by 1.43 percent.

4(4) (A) Effective January 1, 2017, households eligible for aid
5under this chapter shall receive an increased aid payment consistent
6with the repeal of former Section 11450.04, as it read on January
71, 2016, known as the “maximum family grant rule.”

8(B) In recognition of the increased cost of aid payments resulting
9from that repeal, moneys deposited into the Child Poverty and
10Family Supplemental Support Subaccount shall be allocated to
11counties pursuant to Section 17601.50 as follows:

12(i) One hundred seven million forty-seven thousand dollars
13($107,047,000) for January 1, 2017, to June 30, 2017, inclusive.

14(ii) Two hundred twenty-three million four hundred fifty-four
15thousand dollars ($223,454,000) for the 2017-18 fiscal year and
16for every fiscal year thereafter.

17(b) Commencing in 2014 and annually thereafter, on or before
18January 10 and on or before May 14, the Director of Finance shall
19do all of the following:

20(1) Estimate the amount of growth revenues pursuant to
21subdivision (f) of Section 17606.10 that will be deposited in the
22Child Poverty and Family Supplemental Support Subaccount of
23the Local Revenue Fund for the current fiscal year and the
24following fiscal year and the amounts in the subaccount carried
25over from prior fiscal years.

26(2) For the current fiscal year and the following fiscal year,
27determine the total cost of providing the increases described in
28subdivision (a), as well as any other increase in the maximum aid
29payments subsequently provided only under this section, after
30adjusting for updated projections of CalWORKs costs associated
31with caseload changes, as reflected in the local assistance
32subvention estimates prepared by the State Department of Social
33Services and released with the annual Governor’s Budget and
34subsequent May Revision update.

35(3) If the amount estimated in paragraph (1) plus the amount
36projected to be deposited for the current fiscal year into the Child
37Poverty and Family Supplemental Support Subaccount pursuant
38to subparagraph (3) of subdivision (e) of Section 17600.15 is
39greater than the amount determined in paragraph (2), the difference
40shall be used to calculate the percentage increase to the CalWORKs
P87   1maximum aid payment standards that could be fully funded on an
2ongoing basis beginning the following fiscal year.

3(4) If the amount estimated in paragraph (1) plus the amount
4projected to be deposited for the current fiscal year into the Child
5Poverty and Family Supplemental Support Subaccount pursuant
6to subparagraph (3) of subdivision (e) of Section 17600.15 is equal
7to or less than the amount determined in paragraph (2), no
8additional increase to the CalWORKs maximum aid payment
9standards shall be provided in the following fiscal year in
10accordance with this section.

11(5) (A) Commencing with the 2014-15 fiscal year and for all
12fiscal years thereafter, if changes to the estimated amounts
13determined in paragraphs (1) or (2), or both, as of the May
14Revision, are enacted as part of the final budget, the Director of
15Finance shall repeat, using the same methodology used in the May
16Revision, the calculations described in paragraphs (3) and (4) using
17the revenue projections and grant costs assumed in the enacted
18budget.

19(B) If a calculation is required pursuant to subparagraph (A),
20the Department of Finance shall report the result of this calculation
21to the appropriate policy and fiscal committees of the Legislature
22upon enactment of the Budget Act.

23(c) An increase in maximum aid payments calculated pursuant
24to paragraph (3) of subdivision (b), or pursuant to paragraph (5)
25of subdivision (b) if applicable, shall become effective on October
261 of the following fiscal year.

27(d) (1) An increase in maximum aid payments provided in
28accordance with this section shall be funded with growth revenues
29from the Child Poverty and Family Supplemental Support
30Subaccount in accordance with paragraph (3) of subdivision (e)
31of Section 17600.15 and subdivision (f) of Section 17606.10, to
32the extent funds are available in that subaccount.

33(2) If funds received by the Child Poverty and Family
34Supplemental Support Subaccount in a particular fiscal year are
35insufficient to fully fund any increases to maximum aid payments
36made pursuant to this section, the remaining cost for that fiscal
37year will be addressed through existing provisional authority
38included in the annual Budget Act. Additional increases to the
39maximum aid payments shall not be provided until and unless the
40ongoing cumulative costs of all prior increases provided pursuant
P88   1to this section are fully funded by the Child Poverty and Family
2Supplemental Support Subaccount.

3(e) Notwithstanding Section 15200, counties shall not be
4required to contribute a share of the costs to cover the increases
5to maximum aid payments made pursuant to this section.

6

SEC. 18.  

Section 11450.04 of the Welfare and Institutions
7Code
is amended to read:

8

11450.04.  

(a) For purposes of determining the maximum aid
9payment specified in subdivision (a) of Section 11450 and for no
10other purpose, the number of needy persons in the same family
11shall not be increased for any child born into a family that has
12received aid under this chapter continuously for the 10 months
13prior to the birth of the child. For purposes of this section, aid shall
14be considered continuous unless the family does not receive aid
15during two consecutive months. This subdivision shall not apply
16to applicants for, or recipients of, aid unless notification is provided
17pursuant to this section.

18(b) This section shall not apply with respect to any of the
19following children:

20(1) Any child who was conceived as a result of an act of rape,
21as defined in Sections 261 and 262 of the Penal Code, if the rape
22was reported to a law enforcement agency, medical or mental
23health professional or social services agency prior to, or within
24three months after, the birth of the child.

25(2) Any child who was conceived as a result of an incestuous
26relationship if the relationship was reported to a medical or mental
27health professional or a law enforcement agency or social services
28agency prior to, or within three months after, the birth of the child,
29or if paternity has been established.

30(3) Any child who was conceived as a result of contraceptive
31failure if the parent was using an intrauterine device, a Norplant,
32or the sterilization of either parent.

33(c) This section shall not apply to any child born on or before
34November 1, 1995.

35(d) (1) This section shall not apply to any child to whom it
36would otherwise apply if the family has not received aid for 24
37consecutive months while the child was living with the family.

38(2) This section shall not apply to any child conceived when
39either parent was a nonneedy caretaker relative.

P89   1(3) This section shall not apply to any child who is no longer
2living in the same home with either parent.

3(e) One hundred percent of any child support payment received
4for a child born into the family, but for whom the maximum aid
5payment is not increased pursuant to this section, shall be paid to
6the assistance unit. Any such child support payment shall not be
7considered as income to the family for the purpose of calculating
8the amount of aid for which the family is eligible under this article.

9(f) Commencing January 1, 1995, each county welfare
10department shall notify applicants for assistance under this chapter,
11in writing, of the provisions of this section. The notification shall
12also be provided to recipients of aid under this chapter, in writing,
13at the time of recertification, or sooner. The notification required
14by this section shall set forth the provisions of this section and
15shall state explicitly the impact these provisions would have on
16the future aid to the assistance unit. This section shall not apply
17to any recipient’s child earlier than 12 months after the mailing of
18an informational notice as required by this subdivision.

19(g) (1) The department shall seek all appropriate federal waivers
20for the implementation of this section.

21(2) The department shall implement this section commencing
22on the date the Director of Social Services executes a declaration,
23that shall be retained by the director, stating that the administrative
24actions required by paragraph (1) as a condition of implementation
25of this section have been taken by the United States Secretary of
26Health and Human Services.

27(h) Subdivisions (a) to (g), inclusive, shall become operative
28on January 1, 1995.

29(i) This section shall remain in effect only until January 1, 2017,
30and as of that date is repealed, unless a later enacted statute, that
31is enacted before January 1, 2017, deletes or extends that date.

32

SEC. 19.  

Section 11461.3 of the Welfare and Institutions Code
33 is amended to read:

34

11461.3.  

(a) The Approved Relative Caregiver Funding Option
35Program is hereby established for the purpose of making the
36amount paid to approved relative caregivers for the in-home care
37of children placed with them who are ineligible for AFDC-FC
38payments equal to the amount paid on behalf of children who are
39eligible for AFDC-FC payments. This is an optional program for
40counties choosing to participate, and in so doing, participating
P90   1counties agree to the terms of this section as a condition of their
2participation. It is the intent of the Legislature that the funding
3described in paragraph (1) of subdivision (g) for the Approved
4Relative Caregiver Funding Option Program be appropriated, and
5available for use from January through December of each year,
6unless otherwise specified.

7(b) Subject to subdivision (e), effective January 1, 2015,
8participating counties shall pay an approved relative caregiver a
9per child per month rate in return for the care and supervision, as
10defined in subdivision (b) of Section 11460, of a child that is placed
11with the relative caregiver that is equal to the basic rate paid to
12foster care providers pursuant to subdivision (g) of Section 11461,
13if both of the following conditions are met:

14(1) The county with payment responsibility has notified the
15department in writing by October 1 of the year before participation
16begins of its decision to participate in the Approved Relative
17Caregiver Funding Option Program.

18(2) The related child placed in the home meets all of the
19following requirements:

20(A) The child resides in California.

21(B) The child is described by subdivision (b), (c), or (e) of
22Section 11401 and the county welfare department or the county
23probation department is responsible for the placement and care of
24the child.

25(C) The child is not eligible for AFDC-FC while placed with
26the approved relative caregiver because the child is not eligible
27for federal financial participation in the AFDC-FC payment.

28(c) Any income or benefits received by an eligible child or the
29approved relative caregiver on behalf of the eligible child that
30would be offset against the basic rate paid to a foster care provider
31pursuant to subdivision (g) of Section 11461, shall be offset from
32 any funds that are not CalWORKs funds paid to the approved
33relative caregiver pursuant to this section.

34(d) Participating counties shall recoup an overpayment in the
35Approved Relative Caregiver Funding Option Program received
36by an approved relative caregiver using the standards and processes
37for overpayment recoupment that are applicable to overpayments
38to an approved home of a relative, as specified in Section 11466.24.
39Recouped overpayments shall not be subject to remittance to the
40federal government. Any overpaid funds that are collected by the
P91   1participating counties shall be remitted to the state after subtracting
2both of the following:

3(1) An amount not to exceed the county share of the CalWORKs
4portion of the Approved Relative Caregiver Funding Option
5Program payment, if any.

6(2) Any other county funds that were included in the Approved
7Relative Caregiver Funding Option Program payment.

8(e) A county’s election to participate in the Approved Relative
9Caregiver Funding Option Program shall affirmatively indicate
10that the county understands and agrees to all of the following
11conditions:

12(1) Commencing October 1, 2014, the county shall notify the
13department in writing of its decision to participate in the Approved
14Relative Caregiver Funding Option Program. Failure to make
15timely notification, without good cause as determined by the
16department, shall preclude the county from participating in the
17program for the upcoming calendar year. Annually thereafter, any
18county not already participating who elects to do so shall notify
19the department in writing no later than October 1 of its decision
20to participate for the upcoming calendar year.

21(2) The county shall confirm that it will make per child per
22month payments to all approved relative caregivers on behalf of
23eligible children in the amount specified in subdivision (b) for the
24duration of the participation of the county in this program.

25(3) The county shall confirm that it will be solely responsible
26to pay any additional costs needed to make all payments pursuant
27to subdivision (b) if the state and federal funds allocated to the
28Approved Relative Caregiver Funding Option Program pursuant
29to paragraph (1) of subdivision(g) are insufficient to make all
30eligible payments.

31(f) (1) A county deciding to opt out of the Approved Relative
32Caregiver Funding Option Program shall provide at least 120 days’
33prior written notice of that decision to the department. Additionally,
34the county shall provide at least 90 days’ prior written notice to
35the approved relative caregiver or caregivers informing them that
36his or her per child per month payment will be reduced and the
37date that the reduction will occur.

38(2) The department shall presume that all counties have opted
39out of the Approved Relative Caregiver Funding Option Program
40if the funding appropriated for the current 12-month period is
P92   1reduced below the amount specified in subparagraph (B),
2subparagraph (C), or subparagraph (D) of paragraph(2) of
3subdivision (g) for that 12-month period, unless a county notifies
4the department in writing of its intent to opt in within 60 days of
5enactment of the State Budget. The counties shall provide at least
690 days’ prior written notice to the approved relative caregiver or
7caregivers informing them that his or her per child per month
8payment will be reduced, and the date that reduction will occur.

9(3) Any reduction in payments received by an approved relative
10caregiver on behalf of a child under this section that results from
11a decision by a county, including the presumed opt-out pursuant
12to paragraph (2), to not participate in the Approved Relative
13Caregiver Funding Option Program shall be exempt from state
14hearing jurisdiction under Section 10950.

15(g) (1) The following funding shall be used for the Approved
16Relative Caregiver Funding Option Program:

17(A) The applicable regional per-child CalWORKs grant, in
18accordance with subdivision (a) of Section 11253.4.

19(B) General Fund resources, as appropriated in paragraph (2).

20(C) County funds only to the extent required under paragraph
21(3) of subdivision (e).

22(D) Funding described in subparagraphs (A) and (B) is intended
23to fully fund the base caseload of approved relative caregivers,
24which is defined as the number of approved relative caregivers
25caring for a child who is not eligible to receive AFDC-FC
26payments, as of July 1, 2014.

27(2) The following amount is hereby appropriated from the
28General Fund as follows:

29(A) The sum of fifteen million dollars ($15,000,000), for the
30period of January 1, 2015, to June 30, 2015, inclusive.

31(B) For the period of July 1, 2015, to June 30, 2016, inclusive,
32there shall be appropriated an amount equal to the sum of all of
33the following:

34(i) Two times the amount appropriated pursuant to subparagraph
35(A), inclusive of any increase pursuant to paragraph (3).

36(ii) The amount necessary to increase or decrease the
37CalWORKs funding associated with the base caseload described
38in subparagraph (D) of paragraph (1) to reflect any change from
39the prior fiscal year in the applicable regional per-child CalWORKs
40grant described in subparagraph (A) of paragraph (1).

P93   1(iii) The additional amount necessary to fully fund the base
2caseload described in subparagraph (D) of paragraph (1), reflective
3of the annual California Necessities Index increase to the basic
4rate paid to foster care providers.

5(C) For every 12-month period thereafter, commencing with
6the period of July 1, 2016, to June 30, 2017, inclusive, the sum of
7all of the following shall be appropriated for purposes of this
8section:

9(i) The total General Fund amount provided pursuant to this
10paragraph for the previous 12-month period.

11(ii) The amount necessary to increase or decrease the
12CalWORKs funding associated with the base caseload described
13in subparagraph (D) of paragraph (1) to reflect any change from
14the prior fiscal year in the applicable regional per-child CalWORKs
15grant described in subparagraph (A) of paragraph (1).

16(iii) The additional amount necessary to fully fund the base
17caseload described in subparagraph (D) of paragraph (1), reflective
18of the annual California Necessities Index increase to the basic
19rate paid to foster care providers.

20(D) Notwithstanding clauses (ii) and (iii) of subparagraph (B)
21and clauses (ii) and (iii) of subparagraph (C), the total General
22Fund appropriation made pursuant to subparagraph (B) shall not
23be less than the greater of the following amounts:

24(i) Thirty million dollars ($30,000,000).

25(ii) Two times the amount appropriated pursuant to subparagraph
26(A), inclusive of any increase pursuant to paragraph (3).

27(3) To the extent that the appropriation made by subparagraph
28(A) of paragraph (2) is insufficient to fully fund the base caseload
29of approved relative caregivers as of July 1, 2014, as described in
30subparagraph (D) of paragraph (1), for the period of January 1,
312015, to June 30, 2015, inclusive, as jointly determined by the
32department and the County Welfare Directors’ Association and
33approved by the Department of Finance on or before October 1,
342015, the amount specified in subparagraph (A) of paragraph (2)
35shall be increased by the amount necessary to fully fund that base
36caseload.

37(4) Funds available pursuant to paragraph (2) shall be allocated
38to participating counties proportionate to the number of their
39approved relative caregiver placements, using a methodology and
P94   1timing developed by the department, following consultation with
2county human services agencies and their representatives.

3(5) Notwithstanding subdivision (e), if in any calendar year the
4entire amount of funding appropriated by the state for the Approved
5Relative Caregiver Funding Option Program has not been fully
6allocated to or utilized by participating counties, a participating
7county that has paid any funds pursuant to subparagraph (C) of
8paragraph (1) of subdivision (g) may request reimbursement for
9those funds from the department. The authority of the department
10to approve the requests shall be limited by the amount of available
11unallocated funds.

12(h) An approved relative caregiver receiving payments on behalf
13of a child pursuant to this section shall not be eligible to receive
14additional CalWORKs payments on behalf of the same child under
15Section 11450.

16(i) To the extent permitted by federal law, payments received
17by the approved relative caregiver from the Approved Relative
18Caregiver Funding Option Program shall not be considered income
19for the purpose of determining other public benefits.

20(j) Prior to referral of any individual or recipient, or that person’s
21case, to the local child support agency for child support services
22pursuant to Section 17415 of the Family Code, the county human
23services agency shall determine if an applicant or recipient has
24good cause for noncooperation, as set forth in Section 11477.04.
25If the applicant or recipient claims good cause exception at any
26subsequent time to the county human services agency or the local
27child support agency, the local child support agency shall suspend
28child support services until the county social services agency
29determines the good cause claim, as set forth in Section 11477.04.
30If good cause is determined to exist, the local child support agency
31shall suspend child support services until the applicant or recipient
32requests their resumption, and shall take other measures that are
33necessary to protect the applicant or recipient and the children. If
34the applicant or recipient is the parent of the child for whom aid
35is sought and the parent is found to have not cooperated without
36good cause as provided in Section 11477.04, the applicant’s or
37recipient’s family grant shall be reduced by 25 percent for the time
38the failure to cooperate lasts.

39(k) Consistent with Section 17552 of the Family Code, if aid is
40paid under this chapter on behalf of a child who is under the
P95   1jurisdiction of the juvenile court and whose parent or guardian is
2receiving reunification services, the county human services agency
3shall determine, prior to referral of the case to the local child
4support agency for child support services, whether the referral is
5in the best interest of the child, taking into account both of the
6following:

7(1) Whether the payment of support by the parent will pose a
8barrier to the proposed reunification in that the payment of support
9will compromise the parent’s ability to meet the requirements of
10the parent’s reunification plan.

11(2) Whether the payment of support by the parent will pose a
12barrier to the proposed reunification in that the payment of support
13will compromise the parent’s current or future ability to meet the
14financial needs of the child.

15(l) Effective January 1, 2017, if a relative has been approved as
16a resource family pursuant to Section 16519.5, the approved
17relative shall be paid an amount equal to the resource family basic
18rate at the child’s assessed level of care as set forth in subdivision
19(g) of Section 11461 and Section 11463.

20

SEC. 20.  

Section 11461.4 is added to the Welfare and
21Institutions Code
, to read:

22

11461.4.  

(a) Notwithstanding any other law, a tribe that has
23entered into an agreement pursuant to Section 10553.1 may, subject
24to the provisions of this section, elect to participate in the Tribal
25Approved Relative Caregiver Funding Option Program.

26(b) (1) In return for the care and supervision of a child placed
27with an approved relative caregiver, a participating tribe shall pay
28the approved relative caregiver a per child per month rate that,
29when added to the tribal Temporary Aid to Needy Families (tribal
30TANF) benefit received by the approved relative caregiver on
31behalf of the child, shall equal the basic rate paid to a foster care
32provider pursuant to subdivision (g) of Section 11461.

33(2) Payments made pursuant to paragraph (1) shall be made
34only if all of the following conditions exist:

35(A) The tribe has notified the department in writing of its
36decision to participate in the program, consistent with subdivision
37(c).

38(B) The child has been removed from the parent or guardian
39and has been placed into the placement and care responsibility of
40the tribal child welfare agency pursuant to a voluntary placement
P96   1agreement or by the tribal court, consistent with the tribe’s Title
2IV-E agreement.

3(C) The child resides within California.

4(D) The caregiver is receiving tribal TANF payments, or an
5application for tribal TANF has been made, on behalf of the child.

6(E) The child is not eligible for AFDC-FC while placed with
7the approved relative caregiver because the child is not eligible
8for federal financial participation in the AFDC-FC payment.

9(3) Any income or benefits received by an eligible child, or by
10the approved relative caregiver on behalf of an eligible child, which
11would be offset against a payment made to a foster care provider,
12shall be offset from the amount paid by the tribe under the program.
13This paragraph shall not apply to any tribal TANF payments
14received on behalf of an eligible child.

15(4) An approved relative caregiver receiving payments on behalf
16of a child pursuant to this section shall not be eligible to receive
17CalWORKs payments on behalf of the same child under Section
1811450.

19(5) To the extent permitted by federal law, payments received
20by the approved relative caregiver from the program shall not be
21considered income for the purpose of determining other public
22benefits.

23(c) (1) (A) A tribe electing to participate in the program in the
242016-17 fiscal year shall notify the department on or before
25October 1, 2016, that it intends to begin participation. Failure to
26make timely notification, without good cause as determined by
27the department, shall preclude the tribe from participating in the
28program for the 2016-17 fiscal year.

29(B) In any fiscal year after the 2016-17 fiscal year, a tribe
30electing to participate in the program shall notify the department
31on or before January 1 that it intends to begin participation on or
32after the following July 1. Failure to make timely notification,
33without good cause as determined by the department, shall preclude
34the tribe from participating in the program for the upcoming fiscal
35year.

36(2) As a condition of opting into the program, the tribe shall do
37all of the following:

38(A) Provide to the department the tribal TANF maximum aid
39payment (MAP) rate in effect at the time that the tribe elects to
P97   1participate in the program, consistent with the tribe’s approved
2tribal TANF plan.

3(B) Provide data necessary, as determined by the department
4in consultation with the tribe, to determine the base caseload for
5the tribe as of July 1, 2016, consistent with subdivision (d).

6(C) Agree to recoup overpayments to an approved relative
7caregiver utilizing the standards for determining whether an
8overpayment is recoupable, and the processes for overpayment
9recoupment, that are applicable to overpayments as described in
10the tribe’s Title IV-E agreement entered into pursuant to Section
1110553.1.

12(D) Agree that the tribe shall be solely responsible for any
13additional costs incurred in making payments under this section
14in the event that the funds allocated to a tribe from the
15appropriation made by the Legislature for the tribe’s participation
16in the program are not sufficient to fully fund all payments
17specified in paragraph (1) of subdivision (b).

18(E) Agree to make child support referrals for program cases,
19consistent with processes applied by the tribe to Title IV-E program
20cases.

21(3) The participating tribe shall provide the information specified
22in subparagraphs (A) and (B) of paragraph (2) at least 60 days
23prior to the date the tribe will begin participating in the program.

24(d) (1) In consultation with the participating tribe, the
25department shall determine the initial base caseload of the
26participating tribe, using the most recent available data provided
27by the tribe.

28(2) The department shall determine the amount necessary to
29fund the base caseload of the participating tribe. The allocation
30methodology shall consider the tribal TANF rate of the
31participating tribe in effect on July 1, 2016.

32(e) (1) A tribe electing to opt out of the program shall provide
33at least 120 days’ prior written notice of that election to the
34department and at least 90 days’ prior written notice to all approved
35relative caregivers to whom the tribe is making payments under
36the program. The notice to caregivers shall specify the date on
37which the per child per month payment will be reduced and the
38date the tribe’s participation in the program will cease.

39(2) If the Legislature, for any given fiscal year, appropriates an
40amount less than that specified in paragraph (2) of subdivision (f),
P98   1 the department shall presume that all participating tribes have
2opted out of the program for that fiscal year unless a tribe notifies
3the department in writing of its intent to opt in within 60 days of
4the enactment of the annual Budget Act. A tribe that does not elect
5to continue participating in the program shall provide the notice
6to caregivers specified in paragraph (1).

7(3) A tribe that has opted out of the program for any reason may
8resume participating in the program on July 1 of any year, upon
9providing the department with written notice on or before the
10preceding March 1 of its intent to resume participation.

11(f) (1) (A) The following funding shall be used for the program:

12(i) The tribe’s applicable per-child tribal TANF grant at the
13MAP rate in effect on July 1, 2016.

14(ii) General Fund resources, as specified in paragraph (2).

15(iii) Tribal funds only to the extent required under subparagraph
16(D) of paragraph (2) of subdivision (c).

17(B) Funding described in clauses (i) and (ii) of subparagraph
18(A) is intended to fully fund the base caseload of approved relative
19caregivers, which is defined as the number of approved relative
20caregivers caring for a child who is not eligible to receive
21AFDC-FC payments as of July 1, 2016.

22(2) The following amounts are hereby appropriated from the
23General Fund:

24(A) For the 2016-17 fiscal year, the sum sufficient to fund the
25initial base caseload, as determined in subdivision (d), for tribes
26eligible for participation as of July 1, 2016.

27(B) For the 2017-18 fiscal year, and every fiscal year thereafter,
28the sum of the following:

29(i) The total General Fund amount appropriated for the purposes
30of this section for the previous fiscal year.

31(ii) The additional amount necessary to fully fund the base
32caseload described in subparagraph (B) of paragraph (1), reflective
33of the annual California Necessities Index increase to the basic
34rate paid to foster care providers pursuant to subdivision (g) of
35Section 11461.

36(3) Funds specified in paragraph (2) shall be allocated to
37participating tribes proportionate to their number of approved
38relative caregiver placements, using a methodology and timing
39developed by the department, following consultation with
40participating tribes.

P99   1(4) Notwithstanding subdivision (c), if in any fiscal year the
2entire amount of funding appropriated by the Legislature for the
3program has not been fully allocated to, or utilized by, participating
4tribes, a participating tribe that has paid any funds pursuant to
5subparagraph (D) of paragraph (2) of subdivision (c) may request
6reimbursement for those funds from the department. The authority
7of the department to approve the requests shall be limited by the
8amount of available unallocated funds.

9(g) If more than two eligible tribes elect to participate in the
10program and, as a result, the appropriation made pursuant to
11subdivision (f) is insufficient to fully fund the base caseload of
12approved relative caregivers, as jointly determined by the
13department and the participating tribes and approved by the
14Department of Finance, the amount specified in subdivision (f)
15shall be increased by the amount necessary to fully fund that base
16caseload.

17(h) For the purposes of this section, the following definitions
18apply:

19(1) “Basic foster care rate” means the monthly rate paid to foster
20care providers pursuant to subdivision (g) of Section 11461.

21(2) “Program” means the Tribal Approved Relative Caregiver
22Funding Option Program established in this section.

23(3) “Relative” means an adult who is related to the child by
24blood, adoption, or affinity within the fifth degree of kinship,
25including stepparents, stepsiblings, and all relatives whose status
26is preceded by the words “great,” “great-great,” or “grand,” or the
27spouse of any of these persons even if the marriage was terminated
28by death or dissolution, or as otherwise established consistent with
29the tribe’s Title IV-E agreement.

30(4) “Tribe” means a federally-recognized Indian tribe,
31consortium of tribes, or tribal organization with an agreement
32pursuant to Section 10553.1.

33

SEC. 21.  

Section 11465 of the Welfare and Institutions Code
34 is amended to read:

35

11465.  

(a) When a child is living with a parent who receives
36AFDC-FC or Kin-GAP benefits, the rate paid to the provider on
37behalf of the parent shall include an amount for care and
38supervision of the child.

39(b) For each category of eligible licensed community care
40facility, as defined in Section 1502 of the Health and Safety Code,
P100  1the department shall adopt regulations setting forth a uniform rate
2to cover the cost of care and supervision of the child in each
3category of eligible licensed community care facility.

4(c) (1) On and after July 1, 1998, the uniform rate to cover the
5cost of care and supervision of a child pursuant to this section shall
6be increased by 6 percent, rounded to the nearest dollar. The
7resultant amounts shall constitute the new uniform rate.

8(2) (A) On and after July 1, 1999, the uniform rate to cover the
9cost of care and supervision of a child pursuant to this section shall
10be adjusted by an amount equal to the California Necessities Index
11computed pursuant to Section 11453, rounded to the nearest dollar.
12The resultant amounts shall constitute the new uniform rate, subject
13to further adjustment pursuant to subparagraph (B).

14(B) In addition to the adjustment specified in subparagraph (A),
15on and after January 1, 2000, the uniform rate to cover the cost of
16care and supervision of a child pursuant to this section shall be
17increased by 2.36 percent, rounded to the nearest dollar. The
18resultant amounts shall constitute the new uniform rate.

19(3) Subject to the availability of funds, for the 2000-01 fiscal
20year and annually thereafter, these rates shall be adjusted for cost
21of living pursuant to procedures in Section 11453.

22(4) On and after January 1, 2008, the uniform rate to cover the
23cost of care and supervision of a child pursuant to this section shall
24be increased by 5 percent, rounded to the nearest dollar. The
25resulting amount shall constitute the new uniform rate.

26(5) Commencing July 1, 2016, the uniform rate to cover the
27cost of care and supervision of a child pursuant to this section shall
28be supplemented by an additional monthly amount of four hundred
29eighty-nine dollars ($489). This monthly supplement shall only
30be provided if funding for this purpose is appropriated in the annual
31Budget Act.

32(d) (1) Notwithstanding subdivisions (a) to (c), inclusive, the
33payment made pursuant to this section for care and supervision of
34a child who is living with a teen parent in a whole family foster
35home, as defined in Section 11400, shall equal the basic rate for
36children placed in a licensed or approved home as specified in
37subdivisions (a) to (d), inclusive, and subdivision (g), of Section
3811461.

39(2) (A) The amount paid for care and supervision of a dependent
40infant living with a dependent teen parent receiving AFDC-FC
P101  1benefits in a group home placement shall equal the infant
2supplement rate for group home placements.

3(B) Commencing January 1, 2017, the amount paid for care and
4supervision of a dependent infant living with a dependent teenage
5parent receiving AFDC-FC benefits in a short-term residential
6treatment center shall equal the infant supplement rate for
7short-term residential treatment centers established by the
8department.

9(3) (A) The caregiver shall provide the county child welfare
10agency or probation department with a copy of the shared
11responsibility plan developed pursuant to Section 16501.25 and
12shall advise the county child welfare agency or probation
13department of any subsequent changes to the plan. Once the plan
14has been completed and provided to the appropriate agencies, the
15payment made pursuant to this section shall be increased by an
16additional two hundred dollars ($200) per month to reflect the
17increased care and supervision while he or she is placed in the
18whole family foster home.

19(B) A nonminor dependent parent residing in a supervised
20independent living placement, as defined in subdivision (w) of
21Section 11400, who develops a written parenting support plan
22pursuant to Section 16501.26 shall provide the county child welfare
23agency or probation department with a copy of the plan and shall
24advise the county child welfare agency or probation department
25of any subsequent changes to the plan. The payment made pursuant
26to this section shall be increased by an additional two hundred
27dollars ($200) per month after all of the following have been
28satisfied:

29(i) The plan has been completed and provided to the appropriate
30county agency.

31(ii) The plan has been approved by the appropriate county
32agency.

33(iii) The county agency has determined that the identified
34responsible adult meets the criteria specified in Section 16501.27.

35(4) In a year in which the payment provided pursuant to this
36section is adjusted for the cost of living as provided in paragraph
37(1) of subdivision (c), the payments provided for in this subdivision
38shall also be increased by the same procedures.

39(5) A Kin-GAP relative who, immediately prior to entering the
40Kin-GAP program, was designated as a whole family foster home
P102  1shall receive the same payment amounts for the care and
2supervision of a child who is living with a teen parent they received
3in foster care as a whole family foster home.

4(6) On and after January 1, 2012, the rate paid for a child living
5with a teen parent in a whole family foster home as defined in
6Section 11400 shall also be paid for a child living with a nonminor
7dependent parent who is eligible to receive AFDC-FC or Kin-GAP
8pursuant to Section 11403.

9

SEC. 22.  

Section 12201.06 is added to the Welfare and
10Institutions Code
, immediately following Section 12201.05, to
11read:

12

12201.06.  

Commencing January 1, 2017, the amount of aid
13paid pursuant to this article, in effect on December 31, 2016, less
14the federal benefit portion received under Part A of Title XVI of
15the federal Social Security Act, shall be increased by 2.76 percent.

16

SEC. 23.  

Section 12301.02 of the Welfare and Institutions
17Code
is amended to read:

18

12301.02.  

(a) (1) Notwithstanding any other law, except as
19provided in subdivisions (c) and (e), the department shall
20implement a 7-percent reduction in hours of service to each
21recipient of services under this article, which shall be applied to
22the recipient’s hours as authorized pursuant to the most recent
23assessment. This reduction shall become effective 12 months after
24the implementation of the reduction set forth in Section 12301.01.
25The reduction required by this section shall not preclude any
26reassessment to which a recipient would otherwise be entitled.
27However, hours authorized pursuant to a reassessment shall be
28subject to the 7-percent reduction required by this section.

29(2) A request for reassessment based only on the reduction
30required in paragraph (1) may be administratively denied by the
31county.

32(3) A recipient of services under this article may direct the
33manner in which the reduction of hours is applied to the recipient’s
34previously authorized services.

35(4) For those individuals who have a documented unmet need,
36excluding protective supervision because of the limitations on
37authorized hours under Section 12303.4, the reduction shall be
38taken first from the documented unmet need.

39(b) The notice of action informing the recipient of the reduction
40pursuant to subdivision (a) shall be mailed at least 20 days prior
P103  1to the reduction going into effect. The notice of action shall be
2understandable to the recipient and translated into all languages
3spoken by a substantial number of the public served by the
4In-Home Supportive Services program, in accordance with Section
57295.2 of the Government Code. The notice shall not contain any
6recipient financial or confidential identifying information other
7than the recipient’s name, address, and Case Management
8Information and Payroll System (CMIPS) client identification
9number, and shall include, but not be limited to, all of the following
10information:

11(1) The aggregate number of authorized hours before the
12reduction pursuant to subdivision (a) and the aggregate number of
13authorized hours after the reduction.

14(2) That the recipient may direct the manner in which the
15reduction of authorized hours is applied to the recipient’s
16previously authorized services.

17(3) A county shall assess a recipient’s need for supportive
18services any time that the recipient notifies the county of a need
19to adjust the supportive services hours authorized, or when there
20are other indications or expectations of a change in circumstances
21affecting the recipient’s need for supportive services. Counties
22shall not require recipients to submit a medical certification form
23or a doctor’s note to show evidence of a change in the recipient’s
24circumstances.

25(c) A recipient shall have all appeal rights otherwise provided
26for under Chapter 7 (commencing with Section 10950) of Part 2.

27(d) The reduction specified in paragraph (1) of subdivision (a)
28shall be ongoing and may be adjusted pursuant to Section 12301.03.

29(e) (1) The reduction specified in paragraph (1) of subdivision
30(a) shall be suspended until July 1, 2019, if the managed care
31organization provider tax imposed pursuant to Article 6.7
32(commencing with Section 14199.50) of Chapter 7 remains
33operative.

34(2) Notwithstanding paragraph (1), if the managed care
35organization provider tax imposed pursuant to Article 6.7
36(commencing with Section 14199.50) of Chapter 7 ceases to be
37operative for any reason, the reduction specified in paragraph (1)
38of subdivision (a) shall be reinstated effective no later than the
39first day of the first full month occurring 90 days after the date on
P104  1which the managed care organization provider tax ceases to be
2operative.

3(3) Notwithstanding the Administrative Procedure Act (Chapter
43.5 (commencing with Section 11340) of Part 1 of Division 3 of
5Title 2 of the Government Code), the department may implement
6this subdivision through an all-county letter or similar instructions
7from the director until January 1, 2020.

8

SEC. 24.  

Section 15200 of the Welfare and Institutions Code
9 is amended to read:

10

15200.  

There is hereby appropriated out of any money in the
11State Treasury not otherwise appropriated the following sums:

12(a) To each county for the support and maintenance of needy
13children, the sums specified in subdivisions (a), (e), and (f) of
14Section 11450, after subtracting all the following amounts:

15(1) (A) Except as described in subparagraph (B), a 2.5-percent
16county share of cost.

17(B) If Section 1613 of Title 8 of the United States Code applies,
18a 5-percent county share of cost.

19(C) The county share described in this paragraph shall not apply
20to increases in maximum aid payments made in accordance with
21Section 11450.025.

22(2) Federal funds utilized for this purpose.

23(3) The amount allocated to each county from the Family
24Support Subaccount pursuant to Section 17601.75.

25(4) The amount allocated to each county from the Child Poverty
26and Family Supplemental Support Subaccount pursuant to Section
2717601.50.

28(5) The amount allocated to each county from the CalWORKs
29Maintenance of Effort Subaccount pursuant to Section 17601.25.

30(b) To each county for the support and maintenance of pregnant
31mothers, the sums specified in subdivisions (b) and (c) of Section
3211450 after subtracting all of the following amounts:

33(1) (A) Except as described in subparagraph (B), a 2.5-percent
34county share of cost.

35(B) If Section 1613 of Title 8 of the United States Code applies,
36a 5-percent county share of cost.

37(C) The county share described in this paragraph shall not apply
38to increases in maximum aid payments made in accordance with
39Section 11450.025.

40(2) Federal funds utilized for this purpose.

P105  1(3) The amount allocated to each county from the Family
2Support Subaccount pursuant to Section 17601.75.

3(4) The amount allocated to each county from the Child Poverty
4and Family Supplemental Support Subaccount pursuant to Section
517601.50.

6(5) The amount allocated to each county from the CalWORKs
7Maintenance of Effort Subaccount pursuant to Section 17601.25.

8(c) After deducting federal funds available for the adequate care
9of each child pursuant to subdivision (d) of Section 11450, as
10follows:

11(1) Prior to the 2011-12 fiscal year, an amount equal to 40
12percent of the sum necessary for the adequate care of each child.

13(2) Notwithstanding paragraph (1), beginning in the 2011-12
14fiscal year, and for each fiscal year thereafter, funding and
15expenditures for programs and activities under this subdivision
16shall be in accordance with the requirements provided in Sections
1730025 and 30026.5 of the Government Code.

18(d) (1) Prior to the 2011-12 fiscal year for each county for the
19support and care of hard-to-place adoptive children, and after
20deducting federal funds available, 75 percent of the nonfederal
21share of the amount specified in Section 16121.

22(2) Notwithstanding paragraph (1), beginning in the 2011-12
23fiscal year, and for each fiscal year thereafter, funding and
24expenditures for programs and activities under this subdivision
25shall be in accordance with the requirements provided in Sections
2630025 and 30026.5 of the Government Code.

27

SEC. 25.  

Section 15200.15 of the Welfare and Institutions
28Code
is repealed.

29

SEC. 26.  

Section 16501.9 is added to the Welfare and
30Institutions Code
, to read:

31

16501.9.  

(a) (1) The Legislature hereby finds and declares
32the Child Welfare Services-New System (CWS-NS) is the most
33important system in the state for child welfare services staff to
34ensure the safety and well-being of California’s children. The State
35of California has embarked upon on an agile procurement of the
36CWS-NS.

37(2) The Legislature further finds and declares that this approach
38requires significant engagement with the end user throughout the
39life of the system, including the county human services agencies
40and child welfare services and probation staff.

P106  1(b) (1) The State Department of Social Services and the Office
2of Systems Integration (OSI), in collaboration with the County
3Welfare Directors Association (CWDA), shall seek resources to
4enable the necessary level of engagement by the counties in the
5CWS-NS agile development and maintenance process to prevent
6the disruption of services to families and children at risk. This shall
7include, but not be limited to, timely and expeditious execution of
8contracts and contract amendments for participation in this effort,
9effective monitoring and evaluation of the CWS-NS effort, and
10implementation of mitigation strategies for risks and issues arising
11in the procurement, development, implementation, or operation
12of digital services pursuant to this section.

13(2) The department and OSI shall provide a voting seat on all
14governance bodies of the CWS-NS for a CWDA representative
15and shall support and provide necessary accommodation for the
16stationing of county representatives at the project site.

17(3) The department and OSI shall continue to provide monthly
18updates to the Legislature and to stakeholders, including CWDA,
19regarding efforts to develop and implement the CWS-NS. The
20updates shall include, but not be limited to, (A) the vacancy rate,
21the duration of each vacant position and its classification, and the
22status of efforts to fill the position, (B) challenges with recruiting
23and retaining qualified staff and a description of efforts to resolve
24the issues, (C) challenges with procurement, including any delays,
25and a description of efforts to resolve the issues, (D) any issues or
26risks, including, but not limited to, pending state and federal
27approvals and impacts on county child welfare programs that may
28jeopardize the project’s completion or result in delays relative to
29the approved project schedule, budget, and scope, and (E) progress
30on the project, by digital service (module) along with a description
31of each digital service, and projected completion dates for any
32significant upcoming project milestones. Following the effective
33date of this section, a list of newly executed contracts, their
34purpose, and amounts shall be added to the monthly update.

35(4) The department and OSI, in coordination with CWDA and
36the Department of Technology, shall convene a regularly scheduled
37quarterly forum to provide project updates to stakeholders and
38legislative staff. These forums shall include updates on (A) the
39progress of the CWS-NS development and implementation, (B)
40expenditures incurred to date, (C) significant issues and risks
P107  1overcome in the last quarter and significant issues and risks
2presently being addressed, (D) upcoming project milestones and
3significant events, (E) how the agile approach has affected the
4project’s overall cost and schedule, (F) how the Department of
5Technology’s approval and oversight processes are being applied
6to the agile implementation approach, and (G) how lessons learned
7from the agile implementation of the CWS-NS project can be
8leveraged by other state IT projects.

9(c) The existing Child Welfare Services Case Management
10System (CWS/CMS) operations and functionality shall be
11maintained at a level at least commensurate with its December
122015 status and shall not be decommissioned prior to the full
13statewide implementation of the CWS-NS in all counties. Full
14statewide implementation is defined as after all existing CWS/CMS
15functionality has been replaced in CWS-NS and has been
16implemented in all 58 counties for a minimum of six months with
17no significant (noncosmetic) defects outstanding.

18

SEC. 27.  

Section 16519.5 of the Welfare and Institutions Code
19 is amended to read:

20

16519.5.  

(a) The State Department of Social Services, in
21consultation with county child welfare agencies, foster parent
22associations, and other interested community parties, shall
23implement a unified, family friendly, and child-centered resource
24family approval process to replace the existing multiple processes
25for licensing foster family homes, approving relatives and
26nonrelative extended family members as foster care providers, and
27approving adoptive families.

28(b) (1) Counties shall be selected to participate on a voluntary
29basis as early implementation counties for the purpose of
30participating in the initial development of the approval process.
31Early implementation counties shall be selected according to
32criteria developed by the department in consultation with the
33County Welfare Directors Association. In selecting the five early
34implementation counties, the department shall promote diversity
35among the participating counties in terms of size and geographic
36location.

37(2) Additional counties may participate in the early
38implementation of the program upon authorization by the
39department.

P108  1(c) (1) For the purposes of this chapter, “resource family” means
2an individual or couple that a participating county or foster family
3agency, as defined in subdivision (g) of Section 11400 of this code,
4and paragraph (4) of subdivision (a) of Section 1502 of the Health
5and Safety Code, determines to have successfully met both the
6home environment assessment standards and the permanency
7assessment criteria adopted pursuant to subdivision (d) necessary
8for providing care for a related or unrelated child who is under the
9jurisdiction of the juvenile court, or otherwise in the care of a
10county child welfare agency or probation department. A resource
11family shall demonstrate all of the following:

12(A) An understanding of the safety, permanence, and well-being
13needs of children who have been victims of child abuse and neglect,
14and the capacity and willingness to meet those needs, including
15the need for protection, and the willingness to make use of support
16resources offered by the agency, or a support structure in place,
17or both.

18(B) An understanding of children’s needs and development,
19effective parenting skills or knowledge about parenting, and the
20capacity to act as a reasonable, prudent parent in day-to-day
21decisionmaking.

22(C) An understanding of his or her role as a resource family and
23the capacity to work cooperatively with the agency and other
24service providers in implementing the child’s case plan.

25(D) The financial ability within the household to ensure the
26stability and financial security of the family.

27(E) An ability and willingness to provide a family setting that
28promotes normal childhood experiences that serves the needs of
29the child.

30(2) Subsequent to meeting the criteria set forth in this
31subdivision and designation as a resource family, a resource family
32shall be considered eligible to provide foster care for related and
33unrelated children in out-of-home placement, shall be considered
34approved for adoption or guardianship, and shall not have to
35undergo any additional approval or licensure as long as the family
36lives in a county participating in the program.

37(3) Resource family approval means that the applicant
38successfully meets the home environment assessment and
39permanency assessment standards. This approval is in lieu of the
P109  1existing foster care license, relative or nonrelative extended family
2member approval, and the adoption home study approval.

3(4) Approval of a resource family does not guarantee an initial
4or continued placement of a child with a resource family.

5(5) Notwithstanding paragraphs (1) to (4), inclusive, the
6department or county may cease any further review of an
7application if the applicant has had a previous application denial
8within the preceding year, or if the applicant has had a previous
9rescission, revocation, or exemption denial or rescission by the
10department or county within the preceding two years. However,
11the department or county may continue to review an application
12if it has determined that the reasons for the previous denial,
13rescission, or revocation were due to circumstances and conditions
14that either have been corrected or are no longer in existence. If an
15individual was excluded from a resource family home or facility
16licensed by the department, the department or county shall cease
17review of the individual’s application unless the excluded
18individual has been reinstated pursuant to Section 11522 of the
19Government Code. The cessation of review shall not constitute a
20denial of the application for purposes of this section or any other
21law.

22(d) Prior to implementation of this program, the department
23shall adopt standards pertaining to the home environment and
24permanency assessments of a resource family.

25(1) Resource family home environment assessment standards
26shall include, but not be limited to, all of the following:

27(A) (i) Criminal records clearance of all adults residing in, or
28regularly present in, the home, and not exempted from
29fingerprinting, as set forth in subdivision (b) of Section 1522 of
30the Health and Safety Code, pursuant to Section 8712 of the Family
31Code, utilizing a check of the Child Abuse Central Index (CACI),
32and receipt of a fingerprint-based state and federal criminal
33offender record information search response. The criminal history
34information shall include subsequent notifications pursuant to
35Section 11105.2 of the Penal Code.

36(ii) Consideration of any substantiated allegations of child abuse
37or neglect against either the applicant or any other adult residing
38in the home. An approval may not be granted to applicants whose
39criminal record indicates a conviction for any of the offenses
P110  1specified in subdivision (g) of Section 1522 of the Health and
2Safety Code.

3(iii) If the resource family parent, applicant, or any other person
4specified in subdivision (b) of Section 1522 of the Health and
5Safety Code has been convicted of a crime other than a minor
6traffic violation, except for the civil penalty language, the criminal
7background check provisions specified in subdivisions (d) through
8(f) of Section 1522 of the Health and Safety Code shall apply.
9Exemptions from the criminal records clearance requirements set
10forth in this section may be granted by the director or the early
11implementation county, if that county has been granted permission
12by the director to issue criminal records exemptions pursuant to
13Section 361.4, using the exemption criteria currently used for foster
14care licensing as specified in subdivision (g) of Section 1522 of
15the Health and Safety Code.

16(iv) For public foster family agencies approving resource
17families, the criminal records clearance process set forth in clause
18(i) shall be utilized.

19(v) For private foster family agencies approving resource
20families, the criminal records clearance process set forth in clause
21(i) shall be utilized, but the Department of Justice shall disseminate
22a fitness determination resulting from the federal criminal offender
23record information search.

24(B) Buildings and grounds and storage requirements set forth
25in Sections 89387 and 89387.2 of Title 22 of the California Code
26of Regulations.

27(C) In addition to the foregoing requirements, the resource
28family home environment assessment standards shall also require
29the following:

30(i) That the applicant demonstrates an understanding about the
31rights of children in care and his or her responsibility to safeguard
32those rights.

33(ii) That the total number of children residing in the home of a
34resource family shall be no more than the total number of children
35the resource family can properly care for, regardless of status, and
36shall not exceed six children, unless exceptional circumstances
37that are documented in the foster child’s case file exist to permit
38a resource family to care for more children, including, but not
39limited to, the need to place siblings together.

P111  1(iii) That the applicant understands his or her responsibilities
2with respect to acting as a reasonable and prudent parent, and
3maintaining the least restrictive environment that serves the needs
4of the child.

5(2) The resource family permanency assessment standards shall
6include, but not be limited to, all of the following:

7(A) The applicant shall complete caregiver training.

8(B) (i) The applicant shall complete a psychosocial assessment,
9which shall include the results of a risk assessment.

10(ii) A caregiver risk assessment shall include, but shall not be
11limited to, physical and mental health, alcohol and other substance
12use and abuse, family and domestic violence, and the factors listed
13in subparagraphs (A) and (D) of paragraph (1) of subdivision (c).

14(C) The applicant shall complete any other activities that relate
15to a resource family’s ability to achieve permanency with the child.

16(e) (1) A child may be placed with a resource family that has
17successfully completed the home environment assessment prior
18to completion of a permanency assessment only if a compelling
19reason for the placement exists based on the needs of the child.

20(2) The permanency assessment shall be completed within 90
21days of the child’s placement in the home, unless good cause exists
22based upon the needs of the child.

23(3) If additional time is needed to complete the permanency
24assessment, the county shall document the extenuating
25circumstances for the delay and generate a timeframe for the
26completion of the permanency assessment.

27(4) The county shall report to the department on a quarterly
28basis the number of families with a child in an approved home
29whose permanency assessment goes beyond 90 days and
30summarize the reasons for these delays.

31(5) A child may be placed with a relative, as defined in Section
32319, or nonrelative extended family member, as defined in Section
33362.7, prior to applying as a resource family only on an emergency
34basis if all of the following requirements are met:

35(A) Consideration of the results of a criminal records check
36conducted pursuant to Section 16504.5 of the relative or nonrelative
37extended family member and of every other adult in the home.

38(B) Consideration of the results of the Child Abuse Central
39Index (CACI) consistent with Section 1522.1 of the Health and
P112  1Safety Code of the relative or nonrelative extended family member,
2and of every other adult in the home.

3(C) The home and grounds are free of conditions that pose undue
4risk to the health and safety of the child.

5(D) For any placement made pursuant to this paragraph, the
6county shall initiate the home environment assessment no later
7than five business days after the placement, which shall include a
8face-to-face interview with the resource family applicant and child.

9(E) For any placement made pursuant to this paragraph,
10AFDC-FC funding shall not be available until approval of the
11resource family has been completed.

12(F) Any child placed under this section shall be afforded all the
13rights set forth in Section 16001.9.

14(f) The State Department of Social Services shall be responsible
15for all of the following:

16(1) Selecting early implementation counties, based on criteria
17established by the department in consultation with the County
18Welfare Directors Association.

19(2) Establishing timeframes for participating counties to submit
20an implementation plan, enter into terms and conditions for
21participation in the program, train appropriate staff, and accept
22applications from resource families.

23(3) Entering into terms and conditions for participation in the
24program by counties.

25(4) Administering the program through the issuance of written
26directives that shall have the same force and effect as regulations.
27Any directive affecting Article 1 (commencing with Section 700)
28of Chapter 7 of Title 11 of the California Code of Regulations shall
29be approved by the Department of Justice. The directives shall be
30exempt from the rulemaking provisions of the Administrative
31Procedure Act (Chapter 3.5 (commencing with Section 11340))
32of Part 1 of Division 3 of Title 2 of the Government Code.

33(5) Approving and requiring the use of a single standard for
34resource family approval.

35(6) Adopting and requiring the use of standardized
36documentation for the home environment and permanency
37assessments of resource families.

38(7) Requiring counties to monitor resource families including,
39but not limited to, all of the following:

40(A) Investigating complaints of resource families.

P113  1(B) Developing and monitoring resource family corrective action
2plans to correct identified deficiencies and to rescind resource
3family approval if compliance with corrective action plans is not
4achieved.

5(8) Ongoing oversight and monitoring of county systems and
6operations including all of the following:

7(A) Reviewing the county’s implementation of the program.

8(B) Reviewing an adequate number of approved resource
9families in each participating county to ensure that approval
10standards are being properly applied. The review shall include
11case file documentation, and may include onsite inspection of
12individual resource families. The review shall occur on an annual
13basis, and more frequently if the department becomes aware that
14a participating county is experiencing a disproportionate number
15of complaints against individual resource family homes.

16(C) Reviewing county reports of serious complaints and
17incidents involving approved resource families, as determined
18necessary by the department. The department may conduct an
19independent review of the complaint or incident and change the
20findings depending on the results of its investigation.

21(D) Investigating unresolved complaints against participating
22counties.

23(E) Requiring corrective action of counties that are not in full
24compliance with the terms and conditions of the program.

25(9) Updating the Legislature on the early implementation phase
26of the program, including the status of implementation, successes,
27and challenges during the early implementation phase, and relevant
28available data, including resource family satisfaction.

29(10) Implementing due process procedures, including all of the
30following:

31(A) Providing a statewide fair hearing process for denials,
32rescissions, or exclusion actions.

33(B) Amending the department’s applicable state hearing
34procedures and regulations or using the Administrative Procedure
35Act, when applicable, as necessary for the administration of the
36program.

37(g) Counties participating in the program shall be responsible
38for all of the following:

39(1) Submitting an implementation plan, entering into terms and
40conditions for participation in the program, consulting with the
P114  1county probation department in the development of the
2implementation plan, training appropriate staff, and accepting
3 applications from resource families within the timeframes
4established by the department.

5(2) Complying with the written directives pursuant to paragraph
6(4) of subdivision (f).

7(3) Implementing the requirements for resource family approval
8and utilizing standardized documentation established by the
9department.

10(4) Ensuring staff have the education and experience necessary
11to complete the home environment and psychosocial assessments
12competently.

13(5) (A) Taking the following actions, as applicable:

14(i) Approving or denying resource family applications.

15(ii) Rescinding approvals of resource families.

16(iii) Excluding a resource family parent or other individual from
17presence in a resource family home, consistent with the established
18standard.

19(iv) Issuing a temporary suspension order that suspends the
20resource family approval prior to a hearing when urgent action is
21needed to protect a child or nonminor dependent from physical or
22mental abuse, abandonment, or any other substantial threat to
23health or safety, consistent with the established standard.

24(B) Providing a resource family parent, applicant, or excluded
25individual requesting review of that decision with due process
26pursuant to the department’s statutes, regulations, and written
27directives.

28(C) Notifying the department of any decisions denying a
29resource family’s application or rescinding the approval of a
30resource family, excluding an individual, or taking other
31administrative action.

32(D) Issuing a temporary suspension order that suspends the
33resource family approval prior to a hearing, when urgent action is
34needed to protect a child or nonminor dependent who is or may
35be placed in the home from physical or mental abuse, abandonment,
36or any other substantial threat to health or safety.

37(6) Updating resource family approval annually.

38(7) Monitoring resource families through all of the following:

39(A) Ensuring that social workers who identify a condition in
40the home that may not meet the approval standards set forth in
P115  1subdivision (d) while in the course of a routine visit to children
2placed with a resource family take appropriate action as needed.

3(B) Requiring resource families to comply with corrective action
4plans as necessary to correct identified deficiencies. If corrective
5action is not completed as specified in the plan, the county may
6rescind the resource family approval.

7(C) Requiring resource families to report to the county child
8welfare agency any incidents consistent with the reporting
9requirements for licensed foster family homes.

10(8) Investigating all complaints against a resource family and
11taking action as necessary. This shall include investigating any
12incidents reported about a resource family indicating that the
13approval standard is not being maintained.

14(A) The child’s social worker shall not conduct the formal
15investigation into the complaint received concerning a family
16providing services under the standards required by subdivision
17(d). To the extent that adequate resources are available, complaints
18shall be investigated by a worker who did not initially conduct the
19home environment or psychosocial assessments.

20(B) Upon conclusion of the complaint investigation, the final
21disposition shall be reviewed and approved by a supervising staff
22member.

23(C) The department shall be notified of any serious incidents
24or serious complaints or any incident that falls within the definition
25of Section 11165.5 of the Penal Code. If those incidents or
26complaints result in an investigation, the department shall also be
27notified as to the status and disposition of that investigation.

28(9) Performing corrective action as required by the department.

29(10) Assessing county performance in related areas of the
30California Child and Family Services Review System, and
31remedying problems identified.

32(11) Submitting information and data that the department
33determines is necessary to study, monitor, and prepare the report
34specified in paragraph (9) of subdivision (f).

35(12) Ensuring resource family applicants and resource families
36have the necessary knowledge, skills, and abilities to support
37children in foster care by completing caregiver training. The
38training should include a curriculum that supports the role of a
39resource family in parenting vulnerable children and should be
40ongoing in order to provide resource families with information on
P116  1trauma-informed practices and requirements and other topics within
2the foster care system.

3(13) Ensuring that a resource family applicant completes a
4minimum of 12 hours of preapproval training. The training shall
5include, but not be limited to, all of the following courses:

6(A) An overview of the child protective and probation systems.

7(B) The effects of trauma, including grief and loss, and child
8abuse and neglect, on child development and behavior, and
9methods to behaviorally support children impacted by that trauma
10or child abuse and neglect.

11(C) Positive discipline and the importance of self-esteem.

12(D) Health issues in foster care.

13(E) Accessing services and supports to address education needs,
14physical, mental, and behavioral health, and substance use
15disorders, including culturally relevant services.

16(F) The rights of a child in foster care, and the resource family’s
17responsibility to safeguard those rights, including the right to have
18fair and equal access to all available services, placement, care,
19treatment, and benefits, and to not be subjected to discrimination
20or harassment on the basis of actual or perceived race, ethnic group
21identification, ancestry, national origin, color, religion, sex, sexual
22orientation, gender identity, mental or physical disability, or HIV
23status.

24(G) Cultural needs of children, including instruction on cultural
25competency and sensitivity, and related best practices for providing
26adequate care for children or youth across diverse ethnic and racial
27backgrounds, as well as children or youth identifying as lesbian,
28gay, bisexual, or transgender.

29(H) Basic instruction on existing laws and procedures regarding
30the safety of foster youth at school; and ensuring a harassment and
31violence free school environment pursuant to Article 3.6
32(commencing with Section 32228) of Chapter 2 of Part 19 of
33Division 1 of Title 1 of the Education Code.

34(I) Permanence, well-being, and education needs of children.

35(J) Child and adolescent development, including sexual
36orientation, gender identity, and expression.

37(K) The role of resource families, including working
38cooperatively with the child welfare or probation agency, the
39child’s family, and other service providers implementing the case
40plan.

P117  1(L) The role of a resource family on the child and family team
2as defined in paragraph (4) of subdivision (a) of Section 16501.

3(M) A resource family’s responsibility to act as a reasonable
4and prudent parent, and to provide a family setting that promotes
5normal childhood experiences and that serves the needs of the
6child.

7(N) An overview of the specialized training identified in
8subdivision (h).

9(14) Ensuring approved resource families complete a minimum
10of eight training hours annually, a portion of which shall be from
11one or more of the topics listed in paragraph (13).

12(h) In addition to any training required by this section, a resource
13family may be required to receive specialized training, as relevant,
14for the purpose of preparing the resource family to meet the needs
15of a particular child in care. This training may include, but is not
16limited to, the following:

17(1) Understanding how to use best practices for providing care
18and supervision to commercially sexually exploited children.

19(2) Understanding how to use best practices for providing care
20and supervision to lesbian, gay, bisexual, and transgender children.

21(3) Understanding the requirements and best practices regarding
22psychotropic medications, including, but not limited to, court
23authorization, benefits, uses, side effects, interactions, assistance
24with self-administration, misuse, documentation, storage, and
25metabolic monitoring of children prescribed psychotropic
26medications.

27(4) Understanding the federal Indian Child Welfare Act (25
28U.S.C. Sec. 1901 et seq.), its historical significance, the rights of
29children covered by the act, and the best interests of Indian
30children, including the role of the caregiver in supporting culturally
31appropriate, child-centered practices that respect Native American
32history, culture, retention of tribal membership and connection to
33the tribal community and traditions.

34(5) Understanding how to use best practices for providing care
35and supervision to nonminor dependents.

36(6) Understanding how to use best practices for providing care
37and supervision to children with special health care needs.

38(7) Understanding the different permanency options and the
39services and benefits associated with the options.

P118  1(i) Nothing in this section shall preclude a county or a foster
2family agency from requiring resource family training in excess
3of the requirements in this section.

4(j) (1) Approved relatives and nonrelative extended family
5members, licensed foster family homes, or approved adoptive
6homes that have completed the license or approval process prior
7to full implementation of the program shall not be considered part
8of the program. The otherwise applicable assessment and oversight
9processes shall continue to be administered for families and
10facilities not included in the program.

11(2) Upon implementation of the program in a county, that county
12may not accept new applications for the licensure of foster family
13homes, the approval of relative and nonrelative extended family
14members, or the approval of prospective adoptive homes.

15(k) The department may waive regulations that pose a barrier
16to implementation and operation of this program. The waiver of
17any regulations by the department pursuant to this section shall
18apply to only those counties or foster family agencies participating
19in the program and only for the duration of the program.

20(l) Resource families approved under initial implementation of
21the program, who move within an early implementation county or
22who move to another early implementation county, shall retain
23their resource family status if the new building and grounds,
24outdoor activity areas, and storage areas meet home environment
25standards. The State Department of Social Services or early
26implementation county may allow a program-affiliated individual
27to transfer his or her subsequent arrest notification if the individual
28moves from one early implementation county to another early
29implementation county, as specified in subdivision (g) of Section
301522 of the Health and Safety Code.

31(m) (1) The approval of a resource family who moves to a
32nonparticipating county remains in full force and effect pending
33a determination by the county approval agency or the department,
34as appropriate, whether the new building and grounds and storage
35areas meet applicable standards, and whether all adults residing
36in the home have a criminal records clearance or exemptions
37granted, using the exemption criteria used for foster care licensing,
38as specified in subdivision (g) of Section 1522 of the Health and
39Safety Code. Upon this determination, the nonparticipating county
40shall either approve the family as a relative or nonrelative extended
P119  1family member, as applicable, or the department shall license the
2family as a foster family home.

3(2) Subject to the requirements in paragraph (1), the family shall
4continue to be approved for guardianship and adoption. Nothing
5 in this subdivision shall limit a county or adoption agency from
6determining that the family is not approved for guardianship or
7adoption based on changes in the family’s circumstances or
8psychosocial assessment.

9(3) A program-affiliated individual who moves to a
10nonparticipating county may not transfer his or her subsequent
11arrest notification from a participating county to the
12nonparticipating county.

13(n) Implementation of the program shall be contingent upon the
14continued availability of federal Social Security Act Title IV-E
15(42 U.S.C. Sec. 670) funds for costs associated with placement of
16children with resource families assessed and approved under the
17program.

18(o) A child placed with a resource family is eligible for the
19resource family basic rate, pursuant to Sections 11253.45, 11460,
2011461, and 11463, and subdivision (l) of Section 11461.3, at the
21child’s assessed level of care.

22(p) Sharing ratios for nonfederal expenditures for all costs
23associated with activities related to the approval of relatives and
24 nonrelative extended family members shall be in accordance with
25Section 10101.

26(q) The Department of Justice shall charge fees sufficient to
27cover the cost of initial or subsequent criminal offender record
28information and Child Abuse Central Index searches, processing,
29or responses, as specified in this section.

30(r) Except as provided, approved resource families under this
31program shall be exempt from all of the following:

32(1) Licensure requirements set forth under the Community Care
33Facilities Act, commencing with Section 1500 of the Health and
34Safety Code, and all regulations promulgated thereto.

35(2) Relative and nonrelative extended family member approval
36requirements set forth under Sections 309, 361.4, and 362.7, and
37all regulations promulgated thereto.

38(3) Adoptions approval and reporting requirements set forth
39 under Section 8712 of the Family Code, and all regulations
40promulgated thereto.

P120  1(s) (1) Early implementation counties shall be authorized to
2continue through December 31, 2016. The program shall be
3implemented by each county on or before January 1, 2017.

4(2) No later than July 1, 2017, each county shall provide the
5following information to all licensed foster family homes and all
6approved relatives and nonrelative extended family members:

7(A) A detailed description of the resource family approval
8program.

9(B) Notification that, in order to care for a foster child, resource
10family approval is required by December 31, 2019.

11(C) Notification that a foster family home license and an
12approval of a relative or nonrelative extended family member shall
13be forfeited by operation of law as provided for in paragraph (4).

14(3) By no later than January 1, 2018, the following shall apply
15to all licensed foster family homes and approved relative and
16nonrelative extended family members:

17(A) A licensed foster family home, and an approved relative or
18nonrelative extended family member with an approved adoptive
19home study completed prior to January 1, 2018, shall be deemed
20to be an approved resource family.

21(B) A licensed foster family home, and an approved relative or
22nonrelative extended family member who had a child in placement
23 at any time, for any length of time, between January 1, 2017, and
24December 31, 2017, inclusive, may be approved as a resource
25family on the date of successful completion of a psychosocial
26assessment pursuant to subparagraph (B) of paragraph (2) of
27subdivision (d).

28(C) A county may provide supportive services to all licensed
29foster family home providers, relatives, and nonrelative extended
30family members with a child in placement to assist with the
31resource family transition and to minimize placement disruptions.

32(4) All foster family licenses and approvals of a relative or
33nonrelative extended family member shall be forfeited by operation
34of law on December 31, 2019, except as provided in this paragraph:

35(A) All licensed foster family homes that did not have a child
36in placement at any time, for any length of time, between January
371, 2017, and December 31, 2017, inclusive, shall forfeit the license
38by operation of law on January 1, 2018.

39(B) For foster family home licensees and approved relatives or
40nonrelative extended family members who have a pending resource
P121  1family application on December 31, 2019, the foster family home
2license or relative and nonrelative extended family member
3approval shall be forfeited by operation of law on the date of
4approval as a resource family. If approval is denied, forfeiture by
5operation of law shall occur on the date of completion of any
6proceedings required by law to ensure due process.

7(t) On and after January 1, 2017, all licensed foster family
8agencies shall approve resource families in lieu of certifying foster
9homes. A foster family agency or a short-term residential treatment
10center pursuant to subdivision (b) of Section 11462 shall require
11applicants and resource families to meet the resource family
12approval standards and requirements set forth in this chapter and
13in the written directives adopted pursuant to this chapter prior to
14approval and in order to maintain approval.

15(u) Commencing January 1, 2016, the department may establish
16participation conditions, and select and authorize foster family
17agencies that voluntarily submit implementation plans and revised
18plans of operation in accordance with requirements established by
19the department, to approve resource families in lieu of certifying
20foster homes.

21(1) Notwithstanding any other law, a participating foster family
22agency shall require resource families to meet and maintain the
23resource family approval standards and requirements set forth in
24this chapter and in the written directives adopted hereto prior to
25approval and in order to maintain approval.

26(2) A participating foster family agency shall implement the
27resource family approval program pursuant to Section 1517 of the
28Health and Safety Code.

29(3) Nothing in this section shall be construed to limit the
30authority of the department to inspect, evaluate, or investigate a
31complaint or incident, or initiate a disciplinary action against a
32foster family agency pursuant to Article 5 (commencing with
33Section 1550) of Chapter 3 of Division 2 of the Health and Safety
34Code, or to take any action it may deem necessary for the health
35and safety of children placed with the foster family agency.

36(4) The department may adjust the foster family agency
37AFDC-FC rate pursuant to Section 11463 for implementation of
38this subdivision.

P122  1

SEC. 28.  

Article 6 (commencing with Section 16523) is added
2to Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions
3Code
, to read:

4 

5Article 6.  Bringing Families Home Program
6

 

7

16523.  

For purposes of this article, the following definitions
8shall apply:

9(a) “Child welfare services” has the same meaning as defined
10in Section 16501.

11(b) “Department” means the State Department of Social
12Services.

13(c) “Eligible family” means any individual or family that, at a
14minimum, meets all of the following conditions:

15(1) Receives child welfare services at the time eligibility is
16determined.

17(2) Is homeless.

18(3) Voluntarily agrees to participate in the program.

19(4) Either of the following:

20(A) Has been determined appropriate for reunification of a child
21to a biological parent or guardian by the county human services
22agency handling the case, the court with jurisdiction over the child,
23or both.

24(B) A child or children in the family is or are at risk of foster
25care placement, and the county human services agency determines
26that safe and stable housing for the family will prevent the need
27for the child’s or children’s removal from the parent or guardian.

28(d) “Homeless” means any of the following:

29(1) An individual or family who lacks a fixed, regular, and
30adequate nighttime residence.

31(2) An individual or family with a primary nighttime residence
32that is a public or private place not designed for or ordinarily used
33as a regular sleeping accommodation for human beings, including,
34but not limited to, a car, park, abandoned building, bus station,
35train station, airport, or camping ground.

36(3) An individual or family living in a supervised publicly or
37privately operated shelter designated to provide temporary living
38arrangements, including hotels or motels paid for by federal, state,
39or local government programs for low-income individuals or by
P123  1charitable organizations, congregate shelters, or transitional
2housing.

3(4) An individual who resided in a shelter or place not meant
4for human habitation and who is exiting an institution where he
5or she temporarily resided.

6(5) An individual or family who will imminently lose their
7housing, including, but not limited to, housing they own, rent, or
8live in without paying rent, are sharing with others, or rooms in
9hotels or motels not paid for by federal, state, or local government
10programs for low-income individuals or by charitable
11organizations, as evidenced by any of the following:

12(A) A court order resulting from an eviction action that notifies
13the individual or family that they must leave within 14 days.

14(B) The individual or family having a primary nighttime
15residence that is a room in a hotel or motel and where they lack
16the resources necessary to reside there for more than 14 days.

17(C) Credible evidence indicating that the owner or renter of the
18housing will not allow the individual or family to stay for more
19than 14 days, and any oral statement from an individual or family
20seeking homeless assistance that is found to be credible shall be
21considered credible evidence for purposes of this clause.

22(6) An individual or family who has no subsequent residence
23identified.

24(7) An individual or family who lacks the resources or support
25networks needed to obtain other permanent housing.

26(8) Unaccompanied youth and homeless families with children
27and youth defined as homeless under any other federal statute, as
28of the effective date of this program, who meet all of the following:

29(A) Have experienced a long-term period without living
30independently in permanent housing.

31(B) Have experienced persistent instability as measured by
32frequent moves over that long-term period.

33(C) Can be expected to continue in that status for an extended
34period of time because of chronic disabilities, chronic physical
35health or mental health conditions, substance addiction, histories
36of domestic violence or childhood abuse, the presence of a child
37or youth with a disability, or multiple barriers to employment.

38(e) “Homelessness” means the status of being homeless, as
39defined in subdivision (d).

P124  1(f) “Permanent housing” means a place to live without a limit
2on the length of stay in the housing that exceeds the duration of
3funding for the program, subject to landlord-tenant laws pursuant
4to Chapter 2 (commencing with Section 1940) of Title 5 of Part 4
5of Division 3 of the Civil Code.

6(g) “Program” means the Bringing Families Home Program
7established pursuant to this article.

8(h) “Supportive housing” has the same meaning as defined in
9paragraph (2) of subdivision (b) of Section 50675.14 of the Health
10and Safety Code, except that the program is not restricted to serving
11 only projects with five or more units.

12

16523.1.  

(a) To the extent funds are appropriated in the annual
13Budget Act, the department shall award program funds to counties
14for the purpose of providing housing-related supports to eligible
15families experiencing homelessness if that homelessness prevents
16reunification between an eligible family and a child receiving child
17welfare services, or where lack of housing prevents a parent or
18guardian from addressing issues that could lead to foster care
19placement.

20(b) Notwithstanding subdivision (a), this section does not create
21an entitlement to housing-related assistance, which is intended to
22be provided at the discretion of the county as a service to eligible
23families.

24(c) (1) It is the intent of the Legislature that housing-related
25assistance provided pursuant to this article utilize evidence-based
26models, including evidence-based practices in rapid rehousing and
27supportive housing.

28(2) Housing-related supports available to participating families
29shall include, but not be limited to, all of the following:

30(A) An assessment of each family’s housing needs, including
31a plan to assist them in meeting those needs.

32(B) Housing navigation or search assistance to recruit landlords,
33and assist families in locating housing affordable to the family,
34under a presumption that the family will pay no more than one-third
35of their income in rent.

36(C) The use of evidence-based models, such as motivational
37interviewing and trauma-informed care, to build relationships with
38a parent or guardian.

39(D) Housing-related financial assistance, including rental
40assistance, security deposit assistance, utility payments, moving
P125  1cost assistance, and interim housing assistance while housing
2navigators are actively seeking permanent housing options for the
3family.

4(E) Housing stabilization services, including ongoing tenant
5engagement, case management, public systems assistance, legal
6services, credit repair assistance, life skills training, and conflict
7mediation with landlords and neighbors.

8(F) If the family requires supportive housing, long-term services
9promoting housing stability.

10(d) The department shall award program funds to counties
11according to criteria developed by the department, in consultation
12with the County Welfare Directors Association, the Corporation
13for Supportive Housing, and Housing California, subject to both
14of the following requirements:

15(1) A county that receives state funds under this program shall
16match that funding on a dollar-by-dollar basis. The county funds
17used for this purpose shall supplement, not supplant, county
18funding already intended for these purposes.

19(2) A county that receives state funds under this program shall
20have a local continuum of care that participates in a homeless
21services coordinated entry and assessment system, as required by
22the United States Department of Housing and Urban Development.

23(e) The department, in consultation with Housing California,
24the Corporation for Supportive Housing, and the County Welfare
25Directors Association of California, shall develop all of the
26following:

27(1) The criteria by which counties may be awarded funds to
28provide housing-related assistance to eligible families pursuant to
29this article.

30(2) The proportion of program funding to be expended on
31reasonable and appropriate administrative activities to minimize
32overhead and maximize services.

33(3) Eligible sources of funds for a county’s matching
34contribution.

35(4) Tracking and reporting procedures for the program.

36(5) A process for evaluating program data.

37

SEC. 29.  

Section 17601.50 of the Welfare and Institutions
38Code
is amended to read:

39

17601.50.  

The moneys in the Child Poverty and Family
40Supplemental Support Subaccount shall be allocated to the family
P126  1support account in the local health and welfare trust fund in each
2county and city and county by the Controller pursuant to a schedule
3prepared by the Department of Finance. All funds allocated shall
4be attributable to the payment of increased aid payments, as
5authorized by Section 11450.025. Funds that are not allocated in
6a fiscal year, shall be available for allocation in the following fiscal
7year.

8

SEC. 30.  

Section 18910.1 of the Welfare and Institutions Code
9 is amended to read:

10

18910.1.  

All CalFresh households shall be assigned certification
11periods that are the maximum number of months allowable under
12federal law for the household type unless a county is complying
13with subdivision (b) of Section 18910 or, on a case-by-case basis
14only, the household’s individual circumstances require a shorter
15certification period.

16

SEC. 31.  

Section 18920 is added to the Welfare and Institutions
17Code
, to read:

18

18920.  

(a) Notwithstanding any other law, an agreement
19between the department and a unit of local government, any other
20unit of state government, or a nonprofit organization that provides
21for a contract relating to either of the following is and shall be
22deemed a “cooperative agreement,” as defined in subdivision (a)
23of Section 38072 of the Health and Safety Code:

24(1) Outreach programs related to CalFresh.

25(2) The Supplemental Nutrition Assistance Program: Nutrition
26Education and Obesity Prevention Grant Program.

27(b) Notwithstanding subdivision (b) of Section 38072 of the
28Health and Safety Code, for purposes of Chapter 1 (commencing
29with Section 38070) of Division 25.2 of the Health and Safety
30Code, any reference to the term “department” in those provisions
31shall refer to the State Department of Social Services for purposes
32of an agreement described in subdivision (a).

33(c) In addition to the authority granted the department in
34subdivision (a) of Section 38081.1 of the Health and Safety Code,
35a change of subcontracts shall not be subject to review and approval
36by the Department of General Services pursuant to Chapter 2
37(commencing with Section 10290) of Part 2 of Division 2 of the
38Public Contract Code.

P127  1(d) The Legislature finds and declares that this section shall be
2applied retroactively to currently executed agreements that are
3described in subdivision (a).

4

SEC. 32.  

Chapter 17 (commencing with Section 18999) is
5added to Part 6 of Division 9 of the Welfare and Institutions Code,
6to read:

7 

8Chapter  17. Housing and Disability Income Advocacy
9Program
10

 

11

18999.  

In enacting this chapter, it is the intent of the Legislature
12to establish, for the 2016-17 fiscal year, the Housing and Disability
13Income Advocacy Program under which counties assist homeless
14Californians with disabilities to increase participation among
15individuals who may be eligible for disability benefits programs,
16including the Supplemental Security Income/State Supplementary
17Program for the Aged, Blind, and Disabled (SSI/SSP), the federal
18Social Security Disability Insurance (SSDI) program, the Cash
19Assistance Program for Immigrants, and veterans benefits provided
20under federal law, including disability compensation.

21

18999.1.  

(a) Subject to an appropriation of funds for this
22purpose in the annual Budget Act, the State Department of Social
23Services shall administer the Housing and Disability Income
24Advocacy Program to provide state matching grant funds to
25participating counties for the provision of outreach, case
26management, and advocacy services and housing assistance to
27individuals in need.

28(b) Funds appropriated pursuant to this chapter shall be awarded
29to counties by the department according to criteria developed by
30the department, in consultation with the County Welfare Directors
31Association of California and advocates for clients, subject to the
32following restrictions:

33(1) State funds appropriated pursuant to this chapter shall be
34used only for the purposes specified in this chapter.

35(2) A county that receives state funds under this chapter shall
36match that funding on a dollar-for-dollar basis. The county
37matching funds used for this purpose shall supplement, and not
38supplant, other county funding for these purposes.

39(3) A county receiving state funds pursuant to this chapter shall,
40at a minimum, maintain a level of county funding for the outreach,
P128  1active case management, advocacy, and housing assistance services
2described in this chapter that is at least equal to the total of the
3amounts expended by the county for those services in the 2015-16
4fiscal year.

5(4) As part of its application to receive state funds under this
6chapter, a county shall identify how it will collaborate locally
7among, at a minimum, the county departments that are responsible
8for health, including behavioral health, and human or social
9services in carrying out the activities required by this chapter. This
10collaboration shall include, but is not limited to, the sharing of
11information among these departments as necessary to carry out
12the activities required by this chapter.

13

18999.2.  

(a) (1) A participating county shall provide, or
14contract for, outreach, active case management, and advocacy
15services related to all of the following programs, as appropriate:

16(A) The Supplemental Security Income/State Supplementary
17Program for the Aged, Blind, and Disabled (SSI/SSP).

18(B) The federal Social Security Disability Insurance (SSDI)
19program.

20(C) The Cash Assistance Program for Immigrants.

21(D) Veterans benefits provided under federal law, including,
22but not limited to, disability compensation.

23(2) The outreach and case management services required by
24this subdivision shall include, but not be limited to, all of the
25following:

26(A) Receiving referrals.

27(B) Conducting outreach, training, and technical assistance.

28(C) Providing assessment and screening.

29(D) Coordinating record retrieval and other necessary means of
30documenting disability.

31(E) Coordinating the provision of health care, including
32behavioral health care, for clients, as appropriate.

33(3) The advocacy services required by this subdivision, which
34may be provided though legal representation, shall include, but
35not be limited to, the following:

36(A) Developing and filing competently prepared benefit
37applications, appeals, reconsiderations, reinstatements, and
38recertifications.

39(B) Coordinating with federal and state offices regarding
40pending benefit applications, appeals, reconsiderations,
P129  1reinstatements, and recertifications and advocating on behalf of
2the client.

3(b) A participating county shall use screening tools to identify
4populations of individuals who are likely to be eligible for the
5programs listed in subdivision (a), in accordance with the
6following:

7(1) The county shall give highest priority to individuals who
8are chronically homeless or who rely the most heavily on state-
9and county-funded services.

10(2) Other populations to be targeted by the program include,
11but are not limited to, the following:

12(A) General assistance or general relief applicants or recipients
13who are homeless or at risk of homelessness.

14(B) Parents who receive CalWORKs assistance or whose
15children receive assistance or children who are recipients of
16CalWORKs in families that are homeless or at risk of
17homelessness.

18(C) Low-income individuals with disabilities who can be
19diverted from, or who are being discharged from, jails or prisons
20and who are homeless or at risk of homelessness.

21(D) Low-income veterans with disabilities who are homeless
22or at risk of homelessness.

23(E) Low-income individuals with disabilities who are being
24discharged from hospitals, long-term care facilities, or
25rehabilitation facilities and who are homeless or at risk of
26homelessness.

27(c) (1) As appropriate, a participating county may refer an
28individual to workforce development programs who is not likely
29to be eligible for the programs listed in subdivision (a) and who
30may benefit from workforce development programs.

31(2) In consultation with an individual who has been served by
32the Housing and Disability Income Advocacy Program and
33considering the circumstances of his or her disabilities, a
34participating county may, upon approval or final denial of disability
35benefits, refer an individual who may benefit from workforce
36development programs to those programs.

37(3) An individual’s participation in a workforce development
38program pursuant to this subdivision is voluntary.

39

18999.4.  

(a) (1) A participating county shall use funds
40received under this program to establish or expand programs that
P130  1provide housing assistance, including interim housing, recuperative
2care, rental subsidies, or, only when necessary, shelters, for clients
3receiving services under Section 18999.2 during the clients’
4application periods for disability benefits programs described in
5that section. The county shall place a client who receives subsidies
6in housing that the client can sustain without a subsidy upon
7approval of disability benefits. If the client is not approved for
8disability benefits, case management staff shall assist in developing
9a transition plan for housing support through other available
10resources.

11(2) A client’s participation in housing assistance programs or
12services is voluntary.

13(b) A county, with the assistance of the department, shall seek
14reimbursement of funds used for housing assistance, general
15assistance, or general relief from the federal Commissioner of
16Social Security pursuant to an interim assistance reimbursement
17agreement authorized by Section 1631(g) of the federal Social
18Security Act. A county shall expend funds received as
19reimbursement for housing assistance only on additional housing
20assistance for clients receiving services under this chapter.

21

18999.6.  

(a) Each participating county shall annually report
22to the department regarding its funding of advocacy and outreach
23programs in the prior year, as well as the use of state funding
24provided under this chapter, including all of the following:

25(1) The number of clients served in each of the targeted
26populations described in subdivision (b) of Section 18999.2 and
27any other populations the county chose to target.

28(2) The demographics of the clients served, including race or
29ethnicity, age, and gender.

30(3) The number of applications for benefits, and type of benefits,
31filed with the assistance of the county.

32(4) The number of applications approved initially, the number
33approved after reconsideration, the number approved after appeal,
34and the number not approved, including the time to benefits
35establishment.

36(5) For applications that were denied, the reasons for denial.

37(6) The number of clients who received subsidized housing
38during the period that their applications were pending and a
39description of how that impacted the clients and the rates of
40completed applications or approval.

P131  1(7) The number of clients who received subsidized housing who
2maintained that housing during the SSI application period.

3(8) The percentage of individuals approved for SSI who retain
4permanent housing 6, 12, and 24 months after benefits approval.

5(9) The amount and percentage of rental subsidy costs and of
6general assistance or general relief costs recovered through interim
7assistance reimbursement for individuals approved for benefits.

8(10) The number of individuals eligible to be served by this
9program but who have not yet received services.

10(11) Any additional data requirements established by the
11department after consultation with the County Welfare Directors
12Association of California and advocates for clients.

13(b) The department shall periodically inform the Legislature of
14the implementation progress of the program and make related data
15available on its Internet Web site. The department shall also report
16to the Legislature by October 1, 2018, in compliance with Section
179795 of the Government Code, regarding the implementation of
18the program, including the information reported by participating
19counties pursuant to this section.

20(c) Notwithstanding the rulemaking provisions of the
21Administrative Procedures Act (Chapter 3.5 (commencing with
22Section 11340) of Part 1 of Division 3 of Title 2 of the Government
23Code), the department may implement, interpret, or make specific
24this chapter through all-county letters without taking any regulatory
25action.

26

SEC. 33.  

(a) During the 2017 and 2018 legislative budget
27hearings, the State Department of Social Services and the State
28Department of Health Care Services shall update the legislative
29budget committees on activities taken by the departments to
30implement the Continuum of Care Reform (CCR) pursuant to AB
31403 (Chapter 773, Statutes of 2015).

32(b) The information required pursuant to subdivision (a) shall
33include, but is not limited to, all of the following:

34(1) The specialty mental health services provided to foster
35children in short term residential treatment centers, by foster family
36agencies, and by resource families.

37(2) The roles to be performed by the county mental health plans,
38the Medi-Cal managed care plans, and the fee-for-service system
39to coordinate mental health services being provided to foster youth
40pursuant to subdivision (a).

P132  1(3) The actual or projected fiscal information related to the
2implementation of CCR, as follows:

3(A) Funding sources available to provide mental health services
4to foster care children.

5(B) The state, county, and federal funding estimated for the
62016-17 fiscal year to provide mental health services to foster
7children who meet the medical necessity criteria for specialty
8 mental health services under the Medi-Cal program.

9

SEC. 34.  

No appropriation pursuant to Section 15201 of the
10Welfare and Institutions Code shall be made for purposes of
11implementing Section 22 of this act.

12

SEC. 35.  

The State Department of Social Services shall
13convene stakeholders, including county placing agencies, providers,
14foster youth, and legislative staff, commencing no later than July
151, 2016, to discuss the adequacy of the proposed foster care rates
16and rate structure, and the extent to which the rates will achieve
17the desired outcomes for Continuum of Care Reform and AB 403
18(Chapter 773, Statutes of 2015). The department shall report to
19the legislative budget committees no later than August 10, 2016,
20on the results of these discussions. To the extent the proposed rates
21have changed, the department shall provide updated projected
22costs no later than January 10, 2017.

23

SEC. 36.  

(a) Notwithstanding the rulemaking provisions of
24the Administrative Procedure Act (Chapter 3.5 (commencing with
25Section 11340) of Part 1 of Division 3 of Title 2 of the Government
26Code), the State Department of Social Services may implement
27and administer Article 6 (commencing with Section 16523) of
28Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions
29Code and the changes made in this act to Sections 11253.45,
3011320.15, 11322.63, 11322.64, 11322.83, 11323.25, 11402 (as
31amended by Section 65 of Chapter 773 of the Statutes of 2015),
3211402 (as amended by Section 66 of Chapter 773 of the Statutes
33of 2015), 11450, 11450.04, 11461.3, 11461.4, 11465, 12301.02,
3416519.5, and 18910.1 of the Welfare and Institutions Code through
35all-county letters or similar instructions until regulations are
36adopted.

37(b) The department shall adopt emergency regulations
38implementing the sections specified in subdivision (a) no later than
39January 1, 2018. The department may readopt any emergency
40regulation authorized by this section that is the same as, or
P133  1substantially equivalent to, any emergency regulation previously
2adopted pursuant to this section. The initial adoption of regulations
3pursuant to this section and one readoption of emergency
4regulations shall be deemed to be an emergency and necessary for
5the immediate preservation of the public peace, health, safety, or
6general welfare. Initial emergency regulations and the one
7readoption of emergency regulations authorized by this section
8shall be exempt from review by the Office of Administrative Law.
9The initial emergency regulations and the one readoption of
10emergency regulations authorized by this section shall be submitted
11to the Office of Administrative Law for filing with the Secretary
12of State, and each shall remain in effect for no more than 180 days,
13by which time final regulations shall be adopted.

14

SEC. 37.  

(a) To the extent that this act has an overall effect
15of increasing the costs already borne by a local agency for programs
16or levels of service mandated by the 2011 Realignment Legislation,
17Section 36 of Article XIII of the California Constitution shall
18govern this act’s application to local agencies and the state’s
19funding of those programs or levels of service.

20(b) However, if the Commission on State Mandates determines
21that this act contains other costs mandated by the state for programs
22or levels of service not described in subdivision (a), reimbursement
23to local agencies and school districts for those costs shall be made
24 pursuant to Part 7 (commencing with Section 17500) of Division
254 of Title 2 of the Government Code.

26

SEC. 38.  

This act is a bill providing for appropriations related
27to the Budget Bill within the meaning of subdivision (e) of Section
2812 of Article IV of the California Constitution, has been identified
29as related to the budget in the Budget Bill, and shall take effect
30immediately.

end delete


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